Service of Process Flashcards
(12 cards)
Who is authorized to serve process?
18+ years old + a nonparty to the lawsuit
Authorized process server has how many days to serve process?
90 days from the date the lawsuit was filed
How to serve an organizational defendant
-Deliver a copy of the complaint and summons to an agent who is authrorized by law or has been appointed to receive process OR
-follow any process method allowed in the state where the court is located or where service is to be made
Service of process is proper if:
-the method of service was proper under the federal rules; and
-the method is constitutional under the due process clause
Proper methods of service
A WASP
-A: abode service
-W: waiver
-A: agent service
-S: state methods
-P: personal service
Abode servie
Authorized process server must leave the process at the defendants last and usual abode (house) w/ a person who resides there of suitable age and discretion
(teenager is considered to be of suitable age and discretion)
Waiver
Plaintiff mails the complaint to the defendant w/ a request that the defendant waive formal methods of process
Defendants who waive service are rewarded with?
more time to respond to the complaint (21 days extended to 60 days for US and 90 days for foreign countries)
Agent service
personal service on an agent who is authorized to accept it or who is managing agent of the defendant; or
request the agent to waive formal process
State methods
federal courts may adopt any method of process allowed in the state where:
-federal court is located; or
-process is to be made
Personal service
In hand, direct delivery by authorized process server to the defendant
Constitutionality of the service
Service is constitutional if it is reasonably calculated to inform interested parties of the litigation
