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Flashcards in Service of Process Deck (13):

Process generally consists of which two documents?

Summons and Complaint


Personal service can be given to D where?



Substituted service at D's summer home is ok if these two things are true . . .

D's usual abode

Process was served on someone of suitable age and discretion who RESIDES there.


Process can be served through D's agent IF what is true?

The act of receiving service is in the scope of the agency


In addition to personal service, substituted service, and service on D's agent, what other methods can be used?

Any method permitted by the state law of the state where the federal court sits OR where service is made.


Describe waiver by mail? What happens?

P mails a copy of the complaint and two copies of a waiver form to D, with a prepaid means of returning the form. If D executes and mails waiver form to P within 30 days, D waives formal service of process.


If D waives formal service of process, does he waive defense of lack of PJ?



When D signs a waiver of formal service of process, what must P do?

File the waiver in court.


P properly sends D a waiver or service of process form. D fails to return within 30 days? What results? (2)

P has formally served D

If D lacks good cause for failing to return the waiver, then he must pay costs of service.


Documents other than the summons and complaint do/don't get served.



Documents other than the summons and complaint get served how?

Via delivery or mail to the party's atty.


Usually, a party has 30 days to respond to Rogs. Any extra time if sent by mail?

3 days


Service of subsequent documents ok by email?

If parties agree.