Question 1

What is the purpose of the waiver of service of summons? What documents are needed for it? What documents are needed for service of process in your state?

Accepted Answer

Rule 4(d) allows plaintiffs in actions filed in federal court to reduce the cost and time involved in serving the summons by placing a duty on the defendant to waive service of the summons. This process requires two documents to be provided and prepared by the plaintiff. The first is the Notice of Lawsuit and Request for Waiver of Service of Summons. It is addressed directly to the defendant, if an individual, or else to an officer or agent authorized to receive service.
It identifies the court in which the action has been filed and the docket number, informs the
defendant of the consequences of compliance and failure to comply with the request, sets forth the date the request is sent, and states that the defendant has thirty days (sixty if located in a foreign country) in which to return the waiver. The notice and request must be sent to each defendant.
The second document is the Waiver of Service of the Summons. It includes the case caption, docket number, court, and date the request was sent. The plaintiff sends to the defendant two copies of this waiver to be signed, along with means of return (self-addressed, stamped envelope). If the defendant returns the signed waiver, the period in which to answer the complaint is extended from the usual twenty days to sixty days (ninety, if out of the country).

Question 2

In your systems folder make a reference to the checklist for default judgment. Research the rules and forms applicable to obtaining a default judgment in your state courts, and draft a state checklist for default judgment. Add needed state forms to your systems folder.

Accepted Answer

You may choose to provide the state forms and draft a state checklist to use in evaluating student work. Confirm student understanding of Service Members Civil Relief Act regarding default.

Question 3

What is the practical goal of service of process? What are the federal and your state time limits for service?

Accepted Answer

Once the action is filed, it is essential to serve the summons and a copy of the complaint on the defendant in order for the court to gain personal jurisdiction over the defendant. In state court this is usually necessary to begin the action. The court's judgment is not binding against the defendant unless personal jurisdiction has been obtained by service of process. Consequently, it is an extremely important step. Under Rule 4(c) the plaintiff must serve the summons and a copy of the
complaint on each defendant within 120 days [Rule 4(m)] of filing the complaint. Failure to do so
shall result in dismissal of the action unless good cause for failure to comply can be shown to the court. In some states, the responsibility for service of the summons rests with the clerk of court. If service is the clerk's responsibility, it is best to provide information on the best place(s) and time to find the defendant.

Question 4

What classes of persons and businesses will the long-arm statute reach in your state?
What is (are) the method(s) of service required to comply with the long-arm statutes in your state?

Accepted Answer

The answer of What classes of persons and businesses will...

Question 5

What event marks the commencement of a lawsuit in the federal court system? What usually commences the action in most state systems?

Accepted Answer

The answer of What event marks the commencement of a...

Question 6

What are the applicable rules and procedures for obtaining a default judgment? How and why may a default judgment be set aside?

Accepted Answer

The answer of What are the applicable rules and procedures...

Question 7

What is a default judgment? What is the benefit to the plaintiff of a default judgment?

Accepted Answer

The answer of What is a default judgment? What is...

Question 8

How does a paralegal keep good records of service?

Accepted Answer

The answer of How does a paralegal keep good records...

Question 9

Obtain fee schedules for the federal, state, and local courts, including fees for service of process and the person to whom such service fees should be paid, as well as fees for the filing of subsequent pleadings and motions. If so directed by your instructor, contact the appropriate clerk of court for this information. Place the fee schedules in your systems folder with a reminder to update the information periodically.

Accepted Answer

The answer of Obtain fee schedules for the federal, state,...

Question 10

What are five techniques or sources for locating hard-to-find defendants?

Accepted Answer

The answer of What are five techniques or sources for...

Question 11

Define substituted and constructive service of process.

Accepted Answer

The answer of Define substituted and constructive service of process....

Question 12

Using an approach similar to the Reference Guide and Checklist for Methods of Service, draft a state service of process checklist for your systems folder. Look up any needed information in your state's rules of civil procedure or state statutes to complete your checklist.

Accepted Answer

The answer of Using an approach similar to the Reference...

Question 13

Define in rem and quasi in rem jurisdiction. Who is served process in an in rem action?

Accepted Answer

The answer of Define in rem and quasi in rem...

Question 14

After class discussion on locating difficult-to-find defendants, add additional techniques to the
Checklist for Locating Defendants. Place the checklist in your systems folder.

Accepted Answer

The answer of After class discussion on locating difficult-to-find defendants,...

Question 15

The court cannot gain personal jurisdiction over the defendant until what happens?

Accepted Answer

The answer of The court cannot gain personal jurisdiction over...

Question 16

Draft a brief Checklist for Filing and Service of Documents Subsequent to the Complaint-Federal and a similar one for your state. Note the applicable rules for future reference, including any on e- filing and service. Place the checklists in your systems folder.

Accepted Answer

The answer of Draft a brief Checklist for Filing and...

Question 17

How is service of process generally achieved in your state court system? What items are needed?

Accepted Answer

The answer of How is service of process generally achieved...

Question 18

What are the advantages of e-filing over traditional methods of filing?

Accepted Answer

The answer of What are the advantages of e-filing over...

Question 19

Define CM/ECF and PACER; describe the benefits and procedures for both the e-filing and e-access processes. What are the federal rules and restrictions on electronic services of process?

Accepted Answer

The answer of Define CM/ECF and PACER; describe the benefits...

Question 20

What are long-arm statutes? What injustice do they attempt to remedy? What is meant by "minimum contacts" and constitutional "fair play"?

Accepted Answer

The answer of What are long-arm statutes? What injustice do...

Quiz 5: Filing the Lawsuit, Service of Process, and Obtaining a Default Judgment