Notice to Defendant Flashcards
(29 cards)
What are the two documents that constitute process in the circuit court?
- The initial pleading (e.g., the complaint)
- The summons prepared by the court clerk
The summons notifies the defendant of the lawsuit and the response time frame.
What is the time frame for a defendant to respond to a complaint in circuit court?
21 days
Failure to respond may result in a default judgment.
In the general district court, how may a civil action be initiated?
By warrant, summons, or complaint
Often, a single document may serve both as a claim and a summons.
Who can serve process as directed by the plaintiff?
- A sheriff or deputy
- An individual age 18 years or older who is not a party to the case
A private process server may be compensated.
What is the general time frame for serving process after receiving the summons and complaint?
Within five days
However, failure to meet this deadline does not prejudice any party.
When may process not be served?
On Sunday, except when a person escapes custody
Writs of attachment can be issued or executed any day.
What is ‘nail and mail’ service?
Posting a copy of the process at the front door and mailing a copy
Proof of mailing must be filed with the clerk.
How can service of process be made on a nonresident individual?
By making service upon the Secretary of the Commonwealth
This is an alternative method when direct service cannot be made.
How may process be served on Virginia corporations and LLCs?
By personal service on any officer, director, or registered agent
If no registered agent exists, service may be made on the clerk of the State Corporation Commission.
What is required for service on a foreign corporation or LLC authorized to conduct business in Virginia?
Personal service on any officer, director, or registered agent
If unauthorized, service may be made on any agent of the foreign corporation.
How is service of process conducted on general partnerships?
By service on any general partner
The partner served must not be a plaintiff in the matter.
What methods are used for serving process on unincorporated associations?
Service on any officer, trustee, director, staff member, or agent
This applies to both domestic and foreign business trusts.
How can process be served on a city or town in Virginia?
By service on its attorney, or if none, on its mayor, manager, or trustee
Similar rules apply for counties and other governmental entities.
What is the purpose of the Nonresident Motorist or Pilot Act?
To designate the Commissioner or Secretary as an agent for receipt of process
This allows Virginia courts to acquire jurisdiction over nonresident defendants.
What does the Virginia long-arm statute allow?
Exercise of personal jurisdiction over a person for specific acts
These acts include transacting business or causing tortious injury in Virginia.
What must be satisfied in addition to the long-arm statute for a suit against a nonresident?
Due process requirements
This ensures fairness in legal proceedings.
What is required for service of process on the Secretary of the Commonwealth?
Filing an affidavit stating the person is a nonresident or cannot be located
The affidavit must include the last known address of the person to be served.
When can service of process be effected by publication?
When the party cannot be found despite diligent effort
Other conditions include the party being a nonresident or having unknown parties involved.
What effect does the receipt of process have on legal actions, except for divorce or annulment?
Process that reaches the person is sufficient even if not served as required
This provision helps to negate improper means of service.
What is required from the person who serves process?
To report to the court and file a return within 72 hours
This ensures documentation of the service method used.
What does the provision regarding process serve to negate?
Improper means by which process is served
It does not negate improper process itself, as established in Lifestar Response of Md., Inc. v. Vegosen, 594 S.E.2d 589 (Va. 2004).
What is the requirement for proof of service of process?
The person who serves process must file a return within 72 hours
Failure to adhere to this time period does not affect the validity of the service according to Rule 3:6.
How can a party accept service of process?
By signing the return and indicating the jurisdiction and state
In a divorce or annulment action, the signature must be notarized as per § 8.01-327.
Is a filed return conclusive proof of service?
No
A return from a sheriff or deputy is prima facie evidence, while a return from a private process server is only evidence of the facts.
