Serving Legal Documents: Process and Constitutional Restrictions, Slides of Civil procedure

Download Serving Legal Documents: Process and Constitutional Restrictions and more Slides Civil procedure in PDF only on Docsity!

service on individuals

4(c) Service.

(2) By Whom. Any person who is at

least 18 years old and not a party

may serve a summons and

complaint.

(1) following state law for serving a

summons in an action brought in

courts of general jurisdiction in the

state where the district court is

located or where service is made;

or…

(2) doing any of the following: (A) delivering a copy of the summons and of the complaint to the individual personally; (B) leaving a copy of each at the individual’s dwelling or usual place of abode with someone of suitable age and discretion who resides there; or (C) delivering a copy of each to an agent authorized by appointment or by law to receive service of process. Docsity.com

(h) Serving a Corporation, Partnership, or Association. …must be served: (1) in a judicial district of the United States: (A) in the manner prescribed by Rule 4(e)(1) for serving an individual; or (B) by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process and — if the agent is one authorized by statute and the statute so requires — by also mailing a copy of each to the defendant...

1. P files an action against the D Corp. in the E.D. Va. for violation of federal law.

• P serves the D Corp. by having a process server leave a copy of the summons and complaint with a foreman at a D. Corp. plant in Pa.
• The D. Corp. appears in the E.D. Va. and makes a motion to dismiss the complaint for insufficiency of service of process. What result?

constitutional restrictions on

service

U.S. Const. Amendment V. No person shall... be deprived of life, liberty, or property, without due process of law...

Amendment XIV. Section 1.

... No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Mullane v. Central Hanover Bank &

Trust Co.

(U.S. 1950)

“An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.”

federal question

(or “arising under”)

jurisdiction

U.S. Const. Article III. Section. 2.

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority…

Louisville & Nashville RR Co. v.

Mottley

(US 1908)