Service of Process

Why must the D be served with process?

It allows the court to assert its authority over the D and inform the D so she can prepare to defend it

FRCP 4(c)(1) - What must the D be served with?

Summons and complaint

FRCP 4(c)(2) - who can serve the D with process

Any person who is at least 18 years old and not a party may serve a summons and complaint

FRCP 4(m) - Time Limit for Service

D must be served within 90 days of the complaint being filed

What happens if D is not served in accordance with FRCP 4(m)?

1. Court can dismiss

2. Or order service to be made within a specified time

FRCP 4(e) - how is process served on an individual?

1. in hand service

2. leave at dwelling or usual abode with someone of suitable age and discretion who resides there

3. deliver to an agent of the D authorized by appointment or by law to receive service of process

4. follow the rules of service of process of the state where the federal court sits or where the service is made

FRCP 4(h) - how is process served on corporations and other entities?

1. deliver a copy of summons and complaint to an officer, managing agent, or general agent of the entity

2. deliver papers to an agent authorized by law or by appointment to receive service of process

3. follow the rules of service of process of the state where the federal court sits or where the service is made

What are the two types of notice?

Classic and constructive

What is classic notice?

It is in person service (always sufficient under Due Process but not required if it is not practicable)

What is constructive notice?

Notice that is treated as sufficient to inform a party of a legal proceeding even if the person did not actually receive or read it because it was given in a legally adequate manner

What factors should we consider when determining whether service of process was sufficient?

1. was it reasonably calculated under all circumstances?

2. was there a reliable and inexpensive alternative?

3. was deprivation of the D serious?