Service of Process

Question 1

service of process

Answer 1

notifies D of lawsuit by providing D w/:
1. a summons, and
2. copy of complaint

Question 2

service methods

Answer 2

There are several ways to serve D who is an individual under FRCP:
1. Follow the state law methods for serving D of state where federal court is located or where service is made
2. Deliver summons + copy of complaint to D’s agent
3. Deliver summons + copy of complaint to individual personally
4. Leave the summons + copy of complaint @ individual’s dwelling w/ someone of suitable age and discretion who resides there

ET: mnemonic = SAID

Question 3

service processor

Answer 3

must be over 18 and NOT a party to the case

Question 4

time of service

Answer 4

service processor must serve w/in 90 days after complaint is filed and provide proof of service to court

Question 5

waiver of service

Answer 5

P may ask D to waive formal service of process
- D accepts: D has 60 days (instead of 21) to ansewr complaint if they waive service
- D refuses: D will pay attorney’s fees and costs to make formal service of process if they do NOT waive service