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In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal.
An out-of-state defendant has 60 days to return service, and then gets 90 days to file a response. If the defendant refuses to waive service, the plaintiff then uses the regular means to waive service of process and the court may require the defendant to pay the costs of service.
The Massachusetts rule at the time required personal service of process on the executor of an in-state defendant, while Fed. R. Civ. P. 4 (d)(1) required only that service be made on a competent adult who resides at the residence of the defendant. The plaintiff left process at the residence of the executor, and so complied with the federal rule ...
Constables had full police powers by state law and carried out occasional to frequent patrol work in addition to service of process and serving arrest warrants. Legislation in 1923 allowed the creation of municipal courts in cities with over 40,000 people, with marshals to enforce their orders and provide security. As populations grew, and ...
In United States business law, a registered agent (also known as a resident agent, [1] statutory agent, [2] or agent for service of process [3]) 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. [4]
Suitable age and discretion is both a legal definition of maturity (and by contrast immaturity), [1] and an alternate method of service of process by which a process server can leave a summons, subpoena, or complaint with a person living at the residence of the defendant. [1] [2]
At common law, notice is the fundamental principle in service of process. In this case, the service of process puts the defendant "on notice" of the allegations contained within the complaint, or other such pleading. Since notice is fundamental, a court may rule a pleading defective if it does not put the defendant on notice. In a civil case ...
Service: There is no nationwide service of process as in a statutory interpleader action. Service must be carried out within the state where the court sits, or according to the long-arm statute of the state, Rule 4(k)(1) .
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