CIVIL PROCEDURE FALL 2003 SECTION F CLASS 10 September 14, 2005.

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Presentation transcript:

CIVIL PROCEDURE FALL 2003 SECTION F CLASS 10 September 14, 2005

WRAP UP You should know: 1. What service of process is, and what is the purpose for service. 2. Requirements for TIME, DOCUMENTS, IDENTITY OF PROCESS SERVER, MANNER OF SERVICE for individuals TODAY: Rules for corporations and WAIVER OF SERVICE

REVIEW SEPTEMBER a.m. Room 211 CLASS ON MONDAY SEPTEMBER 19 with Diane Adams will be at 3:00 p.m., room TBA

WRAP UP: Requirements for Service of Process When? FRCP 4(m) What? FRCP 4(a), 4(b), 4(c)(1) Who? FRCP 4(c)(2) How? FRCP 4(e), 4(h), 4(d)

SERVICE ON INDIVIDUALS IN U.S. (NOT INFANTS, INCOMPETENTS ) FRCP 4(e) PERSONAL SERVICE LEFT AT DWELLING HOUSE w/ PERSON OF “SUITABLE AGE AND DISCRETION” DELIVERY TO AGENT APPOINTED TO RECEIVE SERVICE- e.g. attorney (if authorized) IN A WAY SPECIFICALLY AUTHORIZED BY APPLICABLE FEDERAL LAW IN A WAY SPECIFICALLY AUTHORIZED BY STATE LAW WHERE DISTRICT COURT SITS OR WHERE SERVICE WILL TAKE PLACE - e.g. service at place of business WAIVER OF SERVICE

SERVICE ON CORPORATIONS (IN THE U.S.) UNDER RULE 4(h) DELIVERY TO OFFICER, MANAGING AGENT, OR GENERAL AGENT DELIVERY TO AGENT appointed to receive service of process (and if statute requires by mailing to D) IN A WAY SPECIFICALLY AUTHORIZED BY FEDERAL LAW IN A WAY SPECIFICALLY AUTHORIZED BY STATE LAW WHERE DISTRICT COURT SITS OR WHERE SERVICE WILL TAKE PLACE WAIVER

WAIVER OF SERVICE What’s waiver of service? Waiver is a way of notifying the D of the action while waiving formal service What provision of the FRCP governs waiver of service? The governing provision is FRCP 4(d). You should be familiar with it.

PROOF OF SERVICE What is proof of service? Which provision of the FRCP governs proof of service? Is it required if service is waived

Pre-answer motions

Bower v. Weisman (CB p. 185) The parties Procedural stage?

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Bower v. Weisman (CB p. 185) New York CPLR 302(a)(1): PJ may be exercised over a non- domiciliary D where a cause of action arises from D’s transaction of business within the state

Bower v. Weisman (CB p. 210) 12(e) motion 9(b) motion 12(b)(6) motion

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