Here are my notes from today's Civil Procedure class. It probably makes more sense to anyone outside of law school than it does to me. Service on individuals within the U.S. (4(e)) 1. Pursuant to law of state where court located or service effected 2. By personal service, by service on legal agent, or by leaving copies at dwelling house/ place of abode w/ person of suitable age and discretion residing therein. Service on individuals in foreing country (4(f)) 1. Internationally agreed means: treaty such as Hague Convention 2. If none, or if permitted by treaty: in manner prescribed by foreign law as directed by foreign authority in response to letter rogatory unless prohibited by the country, personal service, or by certified mail Service on Corporations (4(h)) 1. Pursuant to state law, or by personal service on legal agent (w/ mailed copy if required by state law) 2. in foreign country, under 4(f)) Waiver of Service (4(d)) If copy of complaint & summons mailed to ∆, with reasonable time to return waiver (at least 30/60 days), extra copy of notice and request, prepaid means of compliance in writing: Costs of service imposed on ∆ if refuses to waive Not a method of service—just a cost-shifting incentive to waive formal service Due Process Standard for Service Mullane: method of service must be reasonably calculated to apprise ∆ of pendency of action and give reasonable opportunity to respond If Π knows or has reasong to know ∆’s identity and address, publication is insufficient and nothing less than mailing likely deemed reasonable Despite pennoyer, publication OK only if names unknown and not reasonably ascertainable Reasonableness standard balances costs / benefits of service, looks to business practices as “floor.” How great is that?! Makes you want to shrink from the mere possibility of a litigative career, doesn't it? Ahh...life

No comments: