SERVICE

Question 1

When must service occur

Answer 1

90 days after filing complaint

Court can allow additional time if plaintiff shows good cause

Question 2

Who can serve process?

Answer 2

Anyone who is over 18 and not a party

Question 3

How can process be served?

Answer 3

1. Manner proscribed by state where federal suit was filed OR where the defendant will be served
2. Manner specified by Federal Rule 4
   A. NATURAL PERSON:
   i. Deliver to defendant
   ii. Deliver to defendant’s registered agent
   iii. Leave at defendant’s abode with person of suitable age and discretion residing there
   iv. Mail with a letter requesting waiver in-person service
   B. CORPORATION
   i. Deliver to officer
   ii. Deliver to managing agent or general agent
   iii. Deliver process to any agent authorized by appointment or by law to receive service

Question 4

Service and Due Process

Answer 4

General rule is that defendant needs to be reasonably informed of the action against him

Question 5

Service for additional claims and new parties

Answer 5

Service of process must be done for new parties in order for PJ to attach

Service of process is unnecessary for:

1. Counterclaims
2. Cross-claims
3. Other claims against current parties