Service of Process

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5 Terms

1
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What Rule of FRCP governs Service of Process?

Rule 4

2
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Service of Process must be made by a person who…

  1. At least 18 years old

  2. Not a party to the case

  3. Cannot be plaintiff themselves

3
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How an individual may be served 

  1. Following state law for service of process or;

  2. Personal Service 

  3. Leaving copy at their house with someone of suitable age or discretion; or

  4. Delivering a copy to an agent of the individual who’s authorized to receive service of process

4
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How a corporation may be served

  1. Follow state rules for service of process; or

  2. Deliver a copy to an officer or agent of the corporation and if agent is authorized or required by statute, must also mail a copy to the defendant

5
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Steps to determine if Service of Process is valid

  1. State or Federal Rules Apply?

  2. Is the defendant an individual or corporation?

  3. Is the server over 18? Is he a party to the case? Is the person who he served a valid recipient? (If corporation, did he send to all defendants if necessary?)