02 Notice (Service of Process)

As a constitutional matter, notice must be [..1..] under all the circumstances to [..2..] of the action

reasonably calculated, apprise parties

The defendant is entitled to [..1..] that she has been [..2..]

notice, sued

In a regular lawsuit, notice is [..1..] of [..2..]

service, process

Process consists of two documents a [..1..] and a copy of the [..2..]

summons, complaint

A summons is a formal court [..1..] of the suit and the [..2..] for the defendant's response

notice, timing

The plaintiff presents a completed summons form to the clerk of the court for [..1..], [..2..], and [..3..]

signature, sealing, issuance

Process must be served in accordance with the […]

Federal Rules

Service can be made by any person who is at least [..1..] years old and not a [..2..] to the action

18, party

The process server need not be [...] by the court in federal court

appointed

If the defendant is served within the United States, service must take place within [..1..] after the [..2..] of the complaint

90 days, filing

The 90-day period for service after filing the complaint may be [..1..] for [..2..]

extended, good cause

Personal Service means process is given to the defendant [..1..] and can be done [..2..]

personally, anywhere

Substituted Service is permissible only if it is at the defendant's usual [..1..]. There, process must be served on someone of [..2..] and [..3..] who [..4..] there

abode, suitable age, discretion, resides

In federal court, substituted service may be used even if [..1..] is possible

personal service

The person served via substituted service need not be [..1..] to the defendant

related

For service on the defendant's agent, process can be delivered to the defendant's [..1..] if receiving service is within the agent’s [..2..]

agent, scope

Agent service can be used even if [...] is also possible

personal service

Under state law, methods of service permitted by the law of the state where the federal court [..1..] or the state where [..2..] is made can be used

sits, service

For a business or organization in the U.S., process may be served by delivering it to

• an [..1..]

• a [..2..] agent OR

• a [..3..] agent

officer, managing, general

For serving a business or organization in the U.S., any method allowed by [..1..] (of the state where the [..2..] or where [..3..] is made) may be used

state law, federal court sits, service

Service on a minor or an incompetent person in the United States may be made ONLY by a method permitted by the [...] in which service is to be made

state law

For serving parties in a foreign country, a method allowed by an [..1..] agreement (e.g. the Hague Convention) may be used

international

If no international agreement exists for service in a foreign country, options must still be [..1..] to give notice

reasonably calculated

An option for service in a foreign country—if no international agreement exists—is as directed by the […]

American court

An option for service in a foreign country—if no international agreement exists—is by a method allowed under the […] law

foreign country’s

An option for service in a foreign country—if no international agreement exists—is by a method as directed by a [..1..] in response to a [..2..] (letter rogatory) from the American court

foreign official, letter request

An option for service in a foreign country—if no international agreement exists—is [..1..] in the foreign country UNLESS [..2..] by the foreign country's law

personal service, prohibited

An option for service in a foreign country—if no international agreement exists—is [..1..] sent by the clerk of the American court requiring a [..2..] UNLESS prohibited by the foreign country's law

mail, signed receipt,

A defendant can [...] of process

waive service

To request waiver of service, the plaintiff mails the defendant

• a [..1..] and [..2..] to waive service

• a copy of the [..3..]

• two copies of the [..4..] AND

• a [..5..] of returning the form

notice, request, complaint, waiver form, prepaid means

If waiver of service occurred within the U.S., the defendant must execute and mail the waiver form back to the plaintiff within […] days. Alternatively, if outside of the U.S., within [..2..] days.

30 , days, waived

Waiver of service can be used for [..1..] and [..2..]

individuals, entities

A defendant who waives service of process does not [..1..] any [..2..], such as lack of personal jurisdiction

waive, defenses

The waiver of service is [..1..] when the plaintiff [..2..] in court

effective, files it

For timing purposes, the defendant is considered [..1..] on the day the plaintiff [..2..]

served, files the waiver

If a defendant does [..1..] the waiver form without [..2..], the defendant must [..3..] of subsequent service

not return, good cause, pay costs

Unless service is [..1..], the process server must [..2..] with the court detailing how service was made

waived, file a report

If the process server is a [..1..], the report of service is by [..2..]

civilian, affidavit

Failure to file the proof of service report does not affect the [...] of the service IF service was otherwise valid

validity

Process may be served within the state in which the […] sits

federal court

Process may be served outside the state in which the federal court sits IF [...] allows it (e.g. through a state long-arm statute)

state law

If a defendant enters a state to appear as a [..1..], [..2..], or an [..3..] in a different civil case in that state, the defendant can’t be [..4..] with process for a civil case in federal court in that state

party, witness, attorney, served

A defendant who enters a state to appear in a different civil case as a party, witness, or attorney is [...] from service of process for a federal civil case in that state

immune

Other documents (post-initial process) can be served by [..1..] if the [..2..]

email, parties agree

For mailed documents (like discovery), service is deemed [..1..] when they are [..2..] (Mailbox Rule)

complete, sent

If documents requiring a response are mailed, the receiving party gets an additional [...] days to respond

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