401894
Description
Mind Map by caitlynbingaman2, updated more than 1 year ago
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Created by caitlynbingaman2
about 11 years ago
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Notice
- A. Service of Process
- Summons + Copy of the Complaint
- Must give D notice
- Give D a chance to be heard
- Waiver of Formal Service
- Send copy of process
and wavier form
- If D sends it back, she has waived
formal service of process
- If she doesn't, formal service
- FRCP 4 -Summons
- 4(c)(2) Can be made by any non-party who is at least 18
- Service on person
- 4(e)(2)
- 2. Substituted Service - service to
someone other than D
- Only possible at D's dwelling
- Must serve someone of
suitable age and discretion
who resides there
- Only possible at D's dwelling
- 1. Service on Agent (like motorist long arm)
- 2. Substituted Service - service to
someone other than D
- 4(e)(1)
- 3. Service by State Law
- can use methods of serving process
allowed by state law where federal court
sits or where service is effected
- can use methods of serving process
allowed by state law where federal court
sits or where service is effected
- 3. Service by State Law
- 4(e)(2)
- Service on Company
- 4(h)(1)
- 1. Service an Officer or a Managing or
General Agent
- Someone with enough responsibility that
we can expect him to transmit important
papers
- Someone with enough responsibility that
we can expect him to transmit important
papers
- 2. Service by State Laws under 4(e)(1)
- 1. Service an Officer or a Managing or
General Agent
- 4(h)(1)
- 4(c)(2) Can be made by any non-party who is at least 18
- D pays
- FRCP 4 -Summons
- If D sends it back, she has waived
formal service of process
- Send copy of process
and wavier form
- Must give D notice
- B. Constitutional Standard
- Set by Mullane
- Notice Must be reasonably calculated under
all the circumstances to apprise the party of
the proceeding
- Doesn't require that notice
actually be received, just that
you tried
- Notice Must be reasonably calculated under
all the circumstances to apprise the party of
the proceeding
- Set by Mullane
- Summons + Copy of the Complaint
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