Notice - Service of Process Flashcards Preview

Civil Procedure > Notice - Service of Process > Flashcards

Flashcards in Notice - Service of Process Deck (3)
Loading flashcards...
1

How must notice be given?

Notice must be given in a way that will actually give parties notice.
1) If the whereabouts are known - Mail notice will often work because they are reasonably certain to receive it.
2) If whereabouts are unknown - then it must be in a way that is reasonably sufficient to give the "best possible notice."

2

Where does how to give notice come from in the federal rules of civil procedure?

Federal Rules of Civil Procedure 4

3

What happens if defendant refuses to waive personal service?
What if they waive service?

1) If defendant refuses, they must pay for actual, personal service.
2) If they waive service, 4(d)(3) allows them more time to answer the complaint.