Service of Process Flashcards
(8 cards)
1
Q
Service: General Rule
A
- Anyone who is 18 or older and a non party can serve
- 90 days to serve process from filing of suit
- individual D must be personally served
- org D must have agent be served
- service is proper if it was proper under the federal rules and constitutional under the DPC
2
Q
Service: proper methods of service
A
- A - Abode Service
- W - Waiver
- A - Agent
- S - State Methods
- P - Personal Service
3
Q
Service: Abode Service
A
- Authorized server must leaver the process at the D’s last and usual abode with person who resides there of suitable age and discretion
4
Q
Service: Waiver Service
A
- If D does not waive they have 21 days to respond
- if they do waive and are in the US, they have 60 days
- if they waive and are outside the US, they have 90 days
5
Q
Service: Agent Service
A
- Service on an authorized agent or managing agent
6
Q
Service: State Method Service
A
- Federal Courts may adopt any available method of process allowed in state where the federal court is located or process is to be made
7
Q
Service: Personal Service
A
- In Hand direct delivery by authorized process server to the D.
8
Q
Service: Constitutionality under the DPC
A
- Service is constitutional if it is reasonably calculated to apprise interested parties of the litigation
- all AWASP methods are constitutional
