notice/service of process Flashcards
const. req.
notice must be reasonably calculated under all the circumstnaces to apprise interested parties of the action
consists of
1. summons
2. complaint
summons + complaint = PROCESS
who can serve process
any non-party adult
timeline for serving
90 days after filing complaint
personal service
give papers to D anywhere
substituted service
can leave process if
- the place is at D’s usual abode and
- serve someone of suitable age and discretion who resides there
sevice agent
can serve on this
state law
can use services rules of the state where the federal court sits or the service is made
service on business
officer, managing or general agent - serve process on the person
state law methods - can use state law methods of the state wher ethe federal court sits or where serivce is made
minor/incompeten
any method under state law of teh state where the service is made
service in foreign country
- service as set out in international agreement
- diected by american courts
- methods allowe by foreign country
- method directedby foreign official in respoinse to letter form american court
- personal service in the foreign counrt
- mail sent by clerk of american court, requiring signed receipt
waiver of service
mail compalint + 2 copies of waiver and preiaid return evelope
if D executed andmails waiver to P w/in 30 days (60 for out of US)
DOES NOT WAIVE DEFENSES LIKE LACK OF PJ
proving service
process server files report with court
civilian - report by affidavit
not affect validity if they don’t file
immunity
can’t be served validly if in a state only because of another lawsuit
service of answer, other pledings, etc.
sreve by mail. email only if agreed
service, mailing and timing
get 3 extra days when mailed
