Service of Process Flashcards
how does service of process vary
varies a lot by state
what does sop mean
generally means service of a summons on the defendant, which formally gives the court j over the case and gives the def notice of the action
how is personal service used
-used to assert in personam
- used for in rem/quasi in rem when the identity of an interested party is known
how is service by publication used
only appropriate for in rem actions when that is the best that the serving party could do
what is the constitutional test for sop
notice must be reasonable under the circumstances. this is vague because relatively rare cases turn on whether sop has been satisfied; that is because fed and state courts have specific rules on sop, and if you generally follow them you will be good
how do federal rules interact with state sop laws
authorize service in accordance with state law where the federal court sits (service is okay as long as it follows the law of the state in which the fed court is based)
what is the general rule on who the FRCP allows to serve summons and complaint (2)?
FRCP authorizes any person who:
-at least 18 years old, and
-not party to the action
regardless of the state law, what kinds of service are always allowed under the Federal Rules for a federal action (4)?
1) in hand personal delivery
2)leaving the summons at the defendant’s dwelling or usual place of abode with a person of suitable age and discretion
3)delivery of the summons to an authorized agent
4) for persons in foreign countries, service can be made by registered mail, return receipt requested
can service by mail be made to the attorney of record?
generally not unless state law so provides, even though other docs are served by mail
what is the time limit for service?
unless it is made in a foreign country, plaintiff must serve the summons and complaint within 90 days after filing the complaint
what if plaintiff shows good cause for why service was not timely made
then court must extend the time for service for an appropriate period
what if plaintiff does not show good cause for why service was not timely made
court, on motion or on its own after notice to the plaintiff, must dismiss the action without prejudice against that def OR order that the service be made within a specified time
what is the special rule for fed sop on an infant (minor)
service must be made on infant AND parent/guardian
what is the special rule for fed sop on an adjudicated incompetent
service must be made on the incompetent AND her guardian
what is the special rule for fed sop on a partnership
service on a general partner, an attorney in fact, or an authorized agent is fine
