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AS FedJur

Terms in this set (27)

A. Basic idea. Deliver to D (1) a summons (formal court notice of a suit and time for response) and (2) a copy of the complaint. Together, what are these two documents called? Process...
-- In federal court civil cases, when do you have to serve process?
○ If service is beyond 120 days, the case will be dismissed without prejudice (not dismissed if P shows good cause for the delay in serving).
B. The mechanics.
Who may serve process? ANY non-party at least age 18
○ The federal district court may use any method of service permitted by (1) the FRCP (below) or (2) the
law of the state in which it sits or (3) the law of the state in which service is effected. The FRCP
recognize three basic methods for serving process:
1. Personal service. Papers are given to D personally. Where? Place of business or residence
2. Substituted service. Process is left with D's butler at D's summer home. OK if: Defendant's USUAL ABODE
• Serve someone of SUITABLE AGE AND DISCRETION who RESIDES THERE.
3. Agent service. You can serve D's agent who is authorized to receive service. E.g., for a
corporation, you can serve the registered agent or a managing agent or an officer.
- Waiver by mail. Mail (regular mail is OK) to D a copy of the complaint and two copies of a waiver form,
with a prepaid means of returning the form. D can return the executed waiver form within 30 days. If she
does, what does P do?
- At that point, D has waived formal service (but has not waived defenses like lack of PJ).
- D fails (without good cause) to return the waiver form. P then has D served personally or by substituted
service. Is there a penalty for D? Pays the cost of service (carrot/stick)
- Geographic limitation on service of process. Can a federal court in NY serve process outside NY?
• Only if NY state court could; same long-arm