Service of Process

Question 1

When must service of process be made?

Answer 1

If the D is served within the U.S., service must take place within 90 days of the filing of the complaint.

Question 2

What is Substituted Service and how can it be done?

Answer 2

It means serving a substitute for the D.

It can be done only:
(1) at the D’s usual place of abode;
(2) with someone of suitable age and discretion; and
(3) who resides there

Question 3

Can processed be delivered to D’s agent?

Answer 3

Yes, process can be delivered to D’s agent is receiving service is in scope of the agency. It can be used even if personal service is possible.

Question 4

Can a court use a state law method for service?

Answer 4

Yes, state law methods are permitted:

1. Where the federal court sits; or
2. Where service is to be made.

Question 5

How can a business or an organization be served?

Answer 5

A business or organization may be served by:

1. Delivering to an officer or a managing or general agent a copy of the summons and complaint; or
2. Using a method permitted by the state (1) where the federal court sits or (2) where service is to be made.

Question 6

Can you serve a minor or incompetent person?

Answer 6

Yes it can be made but only by a method permitted by law of the state where service is to be made.

Question 7

How can you serve on parties in a foreign country?

Answer 7

1. Allowed by international agreement;
2. As directed by an American court;
3. Method allowed by the foreign country’s law;
4. Method direct by foreign official in response to a letter of request by American court;
5. Personal service in the foreign country (unless prohibited by its law); or
6. Mail sent by clerk of the American court, requiring signed receipt (unless prohibited by foreign country’s law).

Question 8

How can service be waived?

Answer 8

P mails D a notice ands request to waive service, which includes a copy of the complaint and 2 copies of a waiver form, and a prepaid means of returning the form.

Question 9

What is the timeline for waiving service of process?

Answer 9

D must execute and mail the waiver to the P within 30 days of receiving the notice and request to waive.

It is 60 days if the D is outside of the U.S.