Service of Process

Question 1

Service of process - foreign defendant

Answer 1

Under Rule 4, service on a foreign defendant may be made in accordance with international treaty.  If there is no treaty, service on a foreign defendant may be made:
1. in accordance with the foreign country's laws, 
2. as the foreign authority directs in response to a letter request for guidance
3. by having the clerk mail process to the defendant, with a signed receipt requested, or 
4. by any other means not prohibited by international agreement as the court may order. 
Rule 4 (and the Constitution) specifically requires that the method of service ordered by the court by reasonably calculated to provide the defendant with notice of the action

Question 2

Timing and waiver of motion to dismiss for service of process

Answer 2

Ordinarily, failing to raise defects related to service of process in the party’s first answer or motion to dismiss waives the defect.

Question 3

Service of process on an individual in the US

Answer 3

Generally, under FRCP 4, service of process can be made by:
1. personal service,
2. service left at the defendant’s usual place of abode with one of suitable age and discretion residing therein, or
3. service upon an authorized agent of the defendant.
Alternatively, service may be made under state rules or by mail under the waiver of service provision of FRCP 4(d).