FACTOID # 12: It's not the government they hate: Washington DC has the highest number of hate crimes per capita in the US.
 
 Home   Encyclopedia   Statistics   States A-Z   Flags   Maps   FAQ   About 
   
 
WHAT'S NEW
 

SEARCH ALL

FACTS & STATISTICS    Advanced view

Search encyclopedia, statistics and forums:

 

 

(* = Graphable)

 

 


Encyclopedia > Service of process
Civil Procedure in the U.S.
view /edit this template

Service of process is the procedure employed to give legal notice to a person (defendant etc.) of a court or administrative body's exercise of its jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body or other tribunal. Usually, notice is furnished by delivering a set of court documents to the person to be served. Image File history File links Gnome-globe. ... Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action, as opposed to a criminal action). ... The Federal Rules of Civil Procedure (FRCP) govern civil procedure in the United States district courts, or more simply, court procedures for civil suits. ... Civil procedure doctrines are rules developed by case law as opposed to being set down in codes or legislation, which, together with Court Rules / Codes, define the steps that a person involved in a civil lawsuit can, may, or can not take. ... This article does not cite any references or sources. ... Subject matter jurisdiction is a legal term used in civil procedure to indicate that a case must be entered in the proper court of law based on the nature of the claim. ... Diversity jurisdiction is a term used in civil procedure to refer to the situation in which a United States district court has subject matter jurisdiction to hear a civil case because the parties are diverse, meaning that they come from different states. ... Personal jurisdiction, jurisdiction of (or over) the person, or jurisdiction in personam is the power of a court to require a party (usually the defendant) or a witness to come before the court. ... In the United States, removal jurisdiction refers to the power of a defendant to move a lawsuit filed in state court to the Federal district court of the original courts district. ... Venue is the location where a case is heard. ... A change of venue is the legal term for moving a trial to a new location. ... This article does not cite any references or sources. ... In the law, a pleading is one of the papers filed with a court in a civil action, such as a complaint, a demurrer, or an answer. ... A legal motion is a procedural device in law to bring a limited, contested matter before a court for decision. ... In general use, a complaint is an expression of displeasure, such as poor service at a store, or from a local government, for example. ... In the law, a cause of action is a recognized kind of legal claim that a plaintiff pleads or alleges in a complaint to start a lawsuit. ... In law, a class action is an equitable procedural device used in litigation for determining the rights of and remedies, if any, for large numbers of people whose cases involve common questions of law and fact. ... The U.S. Class Action Fairness Act of 2005, 28 U.S.C. Sections 1332(d), 1453, and 1711-1715, grants federal courts original jurisdiction over certain mass actions and class actions (forms of civil action) in which the amount in controversy exceeds $5 million, and any of the members... In common law civil procedure, a demurrer is a pleading by the defendant that contests the legal sufficiency of the complaint without admitting or denying the allegations therein. ... In the common law, an answer is the first pleading by a defendant, usually filed and served upon the plaintiff within a certain strict time limit after a civil complaint or criminal information or indictment has been served upon the defendant. ... An affirmative defense is a defense used in litigation between private parties in common law jurisdictions. ... The reply is a response by plaintiff to defedants answer. ... A Counterclaim is made by the defendant to a civil procedure, in a main actions against the plaintiff or against the plaintiff and other persons. ... A cross-claim is a claim brought against a co-party in the same side of a lawsuit. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Impleader is procedural device before trial in which a party joins a third-party into a lawsuit because that third-party is liable to an original defendant. ... Interpleader is a device allowed in U.S. civil litigation. ... In law, intervention is a procedure to allow nonparties to join ongoing litigation, either as a matter of right or at the discretion of the court, without the permission of the original litigants. ... Look up trial in Wiktionary, the free dictionary. ... In law, discovery is the pre-trial phase in a lawsuit in which each party through the law of civil procedure can request documents and other evidence from other parties or can compel the production of evidence by using a subpoena or through other discovery devices, such as requests for... In law, interrogatories are a formal set of written questions propounded by one litigant and required to be answered by an adversary, in order to clarify matters of evidence and help to determine in advance what facts will be presented at any trial in the case. ... In law, a deposition is evidence given under oath and recorded for use in court at a later date. ... Default judgment is a binding judgment in favor of the plaintiff when the defendant has not responded to a summons or has failed to appear before a court. ... Summary judgment is a legal term which means that a court has made a determination (a judgment) without a full trial. ... Voluntary dismissal is when a law suit is terminated by request of the plaintiff (the party originally bringing the suit to court). ... Involuntary dismissal is the termination of a court case despite the plaintiffs objection. ... For other uses of settlement, including legal uses, see Settlement. ... In legal parlance, a trial is an event in which parties to a dispute present information (in the form of evidence) in a formal setting, usually a court, before a judge, jury, or other designated finder of fact, in order to achieve a resolution to their dispute. ... A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. ... A plaintiff, also known as a claimant or complainer, is the party who initiates a lawsuit (also known as an action) before a court. ... A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ... For jury meaning makeshift, see jury rig. ... The phrase voir dire derives from Middle French; in modern English it is interpreted to mean speak the truth and generally refers to the process by which prospective jurors are questioned about their backgrounds and potential biases before being invited to sit on a jury. ... In the common law, burden of proof is the obligation to prove allegations which are presented in a legal action. ... A judgment (or judgement; see spelling note below), in a legal context, is synonymous with the formal decision made by a court following a lawsuit. ... Judgment as a matter of law(JMOL) is a motion made by a party, during trial, claiming the opposing party has insufficient evidence to reasonably support its case. ... Renewed judgment as a matter of law (JMOL) is the partner of judgment as a matter of law in American Federal courts. ... Judgment notwithstanding the verdict, or J.N.O.V. for short (English Judgment + Latin Non Obstante Veredicto) is a type of J.M.O.L., or Judgment as a matter of law, that is ordered at the conclusion of a jury trial. ... In law, a motion to set aside judgment is an application to overturn or set aside a courts judgment, verdict or other final ruling in a case. ... In law, the expression trial de novo literally means new trial. It is most often used in certain legal systems that provide for one form of trial, then another if a party remains unsatisfied with the decision. ... In law, a Judicial remedy is the means by which a court, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes some other court order. ... Look up Injunction in Wiktionary, the free dictionary. ... In law, damages refers to the money paid or awarded to a claimant (as it is known in the UK) or plaintiff (in the US) following their successful claim in a civil action. ... Attorneys fees or attorneys fees are the costs of legal representation that an attorneys client or a party to a lawsuit incurs. ... The American Rule is a rule regarding assessment of attorneys fees arising out of litigation. ... The English Rule is a rule regarding assessment of attorneys fees arising out of litigation. ... A declaratory judgment is a judgment of a court which declares what rights each party in a dispute should have, but does not order any action or result in any legal damages. ... In law, an appeal is a process for making a formal challenge to an official decision. ... A writ of mandamus or simply mandamus, which means we order in Latin, is the name of one of the prerogative writs and is a court order directing someone, most frequently a government official, to perform a specified act. ... Certiorari (pronunciation: sər-sh(ē-)ə-ˈrer-ē, -ˈrär-ē, -ˈra-rē) is a legal term in Roman, English and American law referring to a type of writ seeking judicial review. ... Notice is the legal concept describing a requirement that a party be aware of legal process affecting their rights, obligations or duties. ... A trial at the Old Bailey in London as drawn by Thomas Rowlandson and Augustus Pugin for Ackermanns Microcosm of London (1808-11). ... Federal independent agencies were established through separate statutes passed by Congress. ... This article does not cite any references or sources. ...

Contents

Service

Each jurisdiction has rules regarding the means of service of process. Typically, a summons and related documents must be served upon the defendant personally, or in some cases upon another person of suitable age and discretion at the person's abode or place of business or employment. In some cases, service of process may be effected through the mail as in some small claims court procedures. In exceptional cases, other forms of service may be authorized by procedural rules or court order, including service by publication when an individual cannot be located in a particular jurisdiction. A summons is a legal document issued by a court (a judicial summons) or by an administrative agency of government (an administrative summons) for various purposes. ... For the Australian television movies see Small Claims. ...


Proper service of process initially establishes personal jurisdiction of the court over the person served. If the defendant ignores further pleadings or fails to participate in the proceedings, then the court or administrative body may find the defendant in default and award relief to the claimant, petitioner or plaintiff. Service of process must be distinguished from service of subsequent documents (such as pleadings and motion papers) between the parties to litigation. Personal jurisdiction, jurisdiction of (or over) the person, or jurisdiction in personam is the power of a court to require a party (usually the defendant) or a witness to come before the court. ... In law, a default is the failure to do something required by law or to appear at a required time in legal proceedings. ... In the law, a pleading is one of the papers filed with a court in a civil action, such as a complaint, a demurrer, or an answer. ...


In past times in many countries, people didn't have the right to know that there were legal proceedings against them, and in some cases would only find out when magistrates showed up with the sheriff and seized their property, sometimes throwing them into debtor's prisons until their debts were paid. When the United States was founded, the Constitution said that everyone is entitled to due process of law, therefore the process server is "serving" the servee with their constitutional right to due process of the law.


In ancient times the service of a summons was considered a royal act that had serious consequences. It was a summons to come to the King's Court and to respond to the demand of a loyal subject. In ancient Persia, failure to respond to the King's summons meant a sentence of death. Today the penalty for ignoring a summons is usually a default money judgment that must be subsequently enforced. A summons is a legal document issued by a court (a judicial summons) or by an administrative agency of government (an administrative summons) for various purposes. ... For other uses, see Monarch (disambiguation). ... Persia redirects here. ...


Service of process in cases filed in the United States district courts is governed by Rule 4 of the Federal Rules of Civil Procedure. In England and Wales, the rules governing service of documents are contained within Part 6 of the Civil Procedure Rules 1998 [1]. Map of the boundaries of the United States Courts of Appeals and United States District Courts The United States district courts are the general trial courts of the United States federal court system. ... The Federal Rules of Civil Procedure (FRCP) govern civil procedure in the United States district courts, or more simply, court procedures for civil suits. ... The Civil Procedure Rules 1998 came into force in England & Wales on 26 April 1999, largely replacing and significantly overhauling the previous Rules of the Supreme Court (applicable to the High Court of Justice) and the County Court Rules. ...


Service on a defendant who resides in a country outside the jurisdiction of the Court must comply with special procedures prescribed under the Hague Service Convention, if the recipient's country is a signatory. Service on defendants in many South American countries and some other countries is effected through the Letter Rogatory process. Where a defendant's whereabouts are unknown, the Court may permit service by publication, usually in a newspaper. The Hague Service Convention, or the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, is a multilateral treaty signed in The Hague on 15 November 1965 by the members of the Hague Conference on Private International Law. ... South America South America is a continent crossed by the equator, with most of its area in the Southern Hemisphere. ... A Letter Rogatory or Letter of Request is a formal request from a court to a foreign court for some type of judicial assistance. ...


Manner of Service

Personal Service by Process Server

Personal service is service of process directly to the (or a) party named on the summons, complaint or petition. In most lawsuits, personal service is required to prove service. In most Anglo-American legal systems the service of process is effectuated by a process server who must be an adult and (in most jurisdictions) not a party to the litigation. Civil action redirects here. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... A lawsuit is a civil action brought before a court in order to recover a right, obtain damages for an injury, obtain an injunction to prevent an injury, or obtain a declaratory judgment to prevent future legal disputes. ...


Some jurisdictions require or permit process to be served by a court official, such as a sheriff, marshal, constable or bailiff. There may be licensing requirements for private process servers, as in New York City. Other jurisdictions, such as Georgia, require a court order allowing a private person to serve process. Many private investigators perform process serving as part of their duties. Look up Sheriff in Wiktionary, the free dictionary. ... Marshal (also sometimes spelled marshall in American English, but not in British English) is a word used in several official titles of various branches of society. ... For the painter, see John Constable. ... Bailiff (from Late Latin bajulivus, adjectival form of bajulus) is a governor or custodian (cf. ... A private investigator, or PI, is a person who undertakes investigations. ...


In non-English speaking countries such as France, the Netherlands, Germany, Japan and China which follow the continental legal system, service of process is performed by a huissier de justice (gerechtsdeurwaarder in Dutch), either in person or through the mail. In some of these countries there are two different types of service — signification and notification. The huissier is only responsible for signification, the more formal type of service 1. The chain of a huissier in the French Senate. ...


Substituted Service

When an individual party to be served is unavailable for personal service, many jurisdictions allow for substituted service. Substituted service allows the process server to leave service documents with another responsible individual such as cohabiting adults. Under the Federal Rules, substitute service may only be made at the abode or dwelling place of the defendant. Fed. R. Civ. P. 4. California, Illinois, and many other U.S. jurisdictions require that in addition to substitute service the documents be mailed to the recipient. Substituted service often requires a serving party show that ordinary service is impracticable and that substituted service will reach the party and effect notice.


In addition, substituted service may be effected through public notice followed by sending the documents by Certified Mail. Certified Mail provides the sender with proof of mailing and proof of delivery. ...


Service by Mail

Service by mail is permitted by most U.S. jurisdictions for service on defendants located in other U.S. states or foreign countries. Service by mail is not available if the country of destination has filed objections to service by mail pursuant to the multinational Hague Service Convention. The Hague Service Convention, or the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, is a multilateral treaty signed in The Hague on 15 November 1965 by the members of the Hague Conference on Private International Law. ...


Voluntary Acceptance of Service (United States)

As a substitute for personal service by a process server, many jurisdictions encourage voluntary acceptance of service. The summons and other documents are mailed to the party to be served, along with a request to sign and return a form of acceptance of service, or acknowledgement of service.


Acceptance of service means that the served party agrees to acknowledge receipt of the complaint or petition without the need to engage a process server. Failure to accept service voluntarily means that the party to be served will be liable for the cost of effecting formal service, even if the plaintiff's action is otherwise unsuccessful. In U.S. federal court, voluntary acceptance of service entitles the defendant to more time to file an answer. In general use, a complaint is an expression of displeasure, such as poor service at a store, or from a local government, for example. ... Look up Petition in Wiktionary, the free dictionary. ...


Agent for acceptance of service

In some instances, delivery to an agent for acceptance of service or "Registered Agent" can substitute for personal service on the principal party to be served. In the United States, a registered agent is a business or individual designated to receive service of process (SOP) when a business entity is a party in a legal action such as a lawsuit or summons. ...


The agent for acceptance of service or "Registered Agent" is a person or company authorized in advance to accept service on behalf of the served party. For example, most corporations are required by law to have an agent for acceptance of service in each jurisdiction where they are active. The identity of the agent for service can usually be ascertained from company filings with appropriate state agencies. In the United States, a registered agent is a business or individual designated to receive service of process (SOP) when a business entity is a party in a legal action such as a lawsuit or summons. ... For other uses, see Corporation (disambiguation). ...


Animosity towards process servers

The wily, overzealous process server has since become the subject of modern American legend, depicted in films and television as a cunning master of deception[2][3][4]. Such recreant illustrations have contributed significantly to the public resentment towards process servers. In the interest of assuaging this animus between the public and process servers, legislatures have invalidated, and occasionally invoked criminal penalties for, certain unscrupulous methods of process serving.


Process serving laws

Each state has process serving laws, or Rules of Civil Procedure, that govern civil procedure in their courts, or more simply, court procedures for civil suits in their state. The United States also has their own set of Federal Rules of Civil Procedure, which most state service of process laws are based on. Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action, as opposed to a criminal action). ... This article is about courts of law. ... The Federal Rules of Civil Procedure (FRCP) govern civil procedure in the United States district courts, or more simply, court procedures for civil suits. ...


Trespassing

In nearly every state, process servers are restricted from trespassing on property as a means of serving process. Such invasions, no matter how innocuous, are regarded as not only invalid, but illegal and may result in penalties for offenders. Gated communities and apartment buildings have created a curious predicament for process servers, however, most are required to allow process servers to enter them. In its modern form, a gated community is a form of closed community, characterized by a controlled entrance for pedestrians, bicycles, and automobiles, usually staffed by full-time, private security guards, that leads into one or more small residential streets, with walls or fences surrounding the perimeter of the entire...


Protected Days

Some states prohibit the delivery or serving of documents on Sundays, Holidays, and / or Election Days. However, some states will allow the service of documents under special circumstances. One such circumstance is when the service of process is pursuant to a court order. Image File history File links Question_book-3. ...


According to various laws, service of process cannot be performed on Sundays in Florida, Maine, Massachusetts, Michigan, New York, Rhode Island, South Dakota, Tennessee (unless with a court order), Texas, Virginia, or West Virginia. It can also not be performed on election days in Michigan, or on holidays in Minnesota. Finally, in New York, process cannot be served on Saturday upon a person who keeps Saturday as holy time.


See also

The Federal Rules of Civil Procedure (FRCP) govern civil procedure in the United States district courts, or more simply, court procedures for civil suits. ... Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action, as opposed to a criminal action). ...

References

  1. ^ http://www.dca.gov.uk/civil/procrules_fin/contents/parts/part06.htm
  2. ^ Serving Sara at the Internet Movie Database
  3. ^ He Couldn't Take It at the Internet Movie Database
  4. ^ Bacon Grabbers at the Internet Movie Database

The Internet Movie Database (IMDb) is an online database of information about movies, actors, television shows, production crew personnel, and video games. ... The Internet Movie Database (IMDb) is an online database of information about movies, actors, television shows, production crew personnel, and video games. ... The Internet Movie Database (IMDb) is an online database of information about movies, actors, television shows, production crew personnel, and video games. ... The Hague Service Convention, or the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, is a multilateral treaty signed in The Hague on 15 November 1965 by the members of the Hague Conference on Private International Law. ... First page of the 1804 original edition. ...

External Links

  • Complete text of Federal Rules of Civil Procedure (Cornell Univ.)

  Results from FactBites:
 
DLEG - Service of Process (291 words)
Service upon the resident agent designated under this Bill is service upon the insurer.
The documents needed for service of process are 2 copies of the summons (one copy may be a photocopy), 1 copy of the complaint and a check for $10.00 made payable to the State of Michigan.
Service of process for domestic insurers, health maintenance organizations and insurance agencies must be served directly on an officer of the company or agency, not through OFIS.
Service of process - Definition, explanation (409 words)
Service of process is the term given to legal notice of a court or administrative body's exercise of its jurisdiction over individuals who are the subject of proceedings or actions brought before such court, body or other tribunal.
In most Anglo-American legal systemss the service of process is effectuated by a process server, usually an adult who does not have an interest in the outcome of the litigation.
Service of process in cases filed in the United States district courts is governed by Rule 4 of the Federal Rules of Civil Procedure.
  More results at FactBites »

 
 

COMMENTARY     


Share your thoughts, questions and commentary here
Your name
Your comments

Want to know more?
Search encyclopedia, statistics and forums:

 


Press Releases |  Feeds | Contact
The Wikipedia article included on this page is licensed under the GFDL.
Images may be subject to relevant owners' copyright.
All other elements are (c) copyright NationMaster.com 2003-5. All Rights Reserved.
Usage implies agreement with terms, 1022, m