Service of Process

Service of Process PD 11

11.1-Foreign process should be served in the United States in accordance with ____.Foreign Sovereign Immunities Act of 1976

Rule 4 of the Federal Rules of Civil Procedure.

11.1-Enter all process service information into the Agency Mission System within _____days after the end of the month for inclusion into Form USM-360, Service of Process Worksheet.

5 working days

11.1-Form used for foreign process

USM-285

11.1-Process beginning a civil action requiring the defendant to appear and answer the complaint (Federal Rules of Civil Procedure, Rule 4).

Civil Summons

11.1-In the form of a warrant, a criminal summons commands the appearance of an individual before the court (Federal Rules of Criminal Procedure, Rule 4).

Criminal Summons

11.1-The form used to facilitate processing of Hague Service Convention requests by the Office of Foreign Litigation.

OBD-95

11.1-Actions brought to enforce any maritime lien.

Proceeding In Rem

11.1-Proceedings against one or more individuals.

Proceedings In Personam

11.1-A ____commands the appearance of an individual and/or the production of specified items before the court

subpoena

11.2-The U.S. Marshal will charge the following fees to private litigants for service of process by a Deputy U.S. Marshal (or contract guard):

1) For each item served by mail or forwarded for service in another judicial district:

2) For each item served (or service attempted) in person: ___per Deputy U.S. Marshal per hour or portion thereof. (There is no time minimum or separate overtime charge.)

1) $8 2) $65

11.2-Preparation of a notice of sale, bill of sale, or U.S. Marshal deed will be charged ___at per item. Copies will be charged at ___per page.

$20 /$.10

11.2-An item is defined as all papers issued in one action which are served simultaneously on one person or organization.A consolidated multicase action is construed as one action under this definition.

1) A summons and complaint, temporary restraining order and writ of attachment to be served simultaneously on a defendant should be construed as how many items?

2) A summons and complaint, temporary restraining order, and writ of attachment to be served simultaneously on two separate defendants in the same lawsuit should be construed as two items.

3) A summons and complaint, temporary restraining order and writ of attachment in two separate lawsuits but served simultaneously on a single defendant should be construed as two items.

one item / two items /two items -should only charge one mileage expense

11.2-Under that section, the U.S. Marshal is entitled to receive as a commission 3 percent of the first ____collected and ____ on the excess of any amount over $1,000.

$1,000 /1.5 percent

11.2-AG determined the minimum commission to be charged is ___ and the maximum commission to be charged is ___.

11.3-Form USM-360, Service of Process Workload Report will be prepared in accordance with the guidelines below by Headquarters. Districts must ensure that all information is entered into the SOP within ____ of the end of each month.

five days

11.3-a report that captures the number of federal or private court orders with attempted service (returned unexecuted) or successful service (by mail/in person) by the USMS.

Service of Process Workload Report

11.5-The codes for the originating and serving districts are the last two digits of the disbursing office symbols and are the same as shown in the Marshals Telephone Directory next to each district’s name.

11.6.-Which file must be kept in the USM-286 (rcpt and disbursement record)?

current file, holding file, closed file

11.7-In the form of a warrant, a ____ commands the appearance of an individual before the court

criminal summons

11.2-. In order for the U.S. Marshal to be entitled to the statutory formula-based commission, the U.S. Marshal must perform three functions:

1) seize or levy on property 2) dispose of the property by sale, set off or otherwise and 3) receive and pay over money.

11.8-What is a till tap?

Till Tap: A till tap consists of the direct seizure of money from the cash register of a particular business by the U.S. Marshal pursuant to a writ of execution.

11.8-What is it called when USMS assists in getting back that was wrongfully taken?

Write of Replevin- seizure/attachment of alleged illegally taken or wrongfully withheld property to be held in USMS custody or that of another designated official.

11.7-What rule authorizes the USMS to execute federal court criminal process?

28 U.S.C. § 566(c) and Federal Rules of Criminal Procedure, Rules 4 and 9,