Podcast
Questions and Answers
Which statement is true regarding the issuance of process in civil actions according to the provided statement?
Which statement is true regarding the issuance of process in civil actions according to the provided statement?
Which of the following types of civil process may be served by a special process server appointed by the sheriff?
Which of the following types of civil process may be served by a special process server appointed by the sheriff?
Which of the following requirements must a person meet to apply as a special process server? (Select all that apply)
Which of the following requirements must a person meet to apply as a special process server? (Select all that apply)
What document must a person applying to become a special process server obtain to confirm there is no pending criminal case and no record of felony or specific misdemeanor convictions?
What document must a person applying to become a special process server obtain to confirm there is no pending criminal case and no record of felony or specific misdemeanor convictions?
Signup and view all the answers
Each special process server must be issued?
Each special process server must be issued?
Signup and view all the answers
A special process server appointed in accordance with this section shall be authorized to serve process?
A special process server appointed in accordance with this section shall be authorized to serve process?
Signup and view all the answers
If a special process server willfully and knowingly executes a false return of service or violates the oath of office, what are the consequences they face?
If a special process server willfully and knowingly executes a false return of service or violates the oath of office, what are the consequences they face?
Signup and view all the answers
Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at his or her usual place of abode with any person residing therein who is ___ years old?
Service of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at his or her usual place of abode with any person residing therein who is ___ years old?
Signup and view all the answers
Minors who are or have been married shall be served as?
Minors who are or have been married shall be served as?
Signup and view all the answers
What is the penalty for an employer who fails to allow an authorized individual to serve process to an employee in a designated private area?
What is the penalty for an employer who fails to allow an authorized individual to serve process to an employee in a designated private area?
Signup and view all the answers
Substituted service on the spouse of the person to be served may be made at any place in a county by an individual authorized unless?
Substituted service on the spouse of the person to be served may be made at any place in a county by an individual authorized unless?
Signup and view all the answers
Substituted service may be made on an individual doing business as a sole proprietorship at his or her place of business, during regular business hours, by?
Substituted service may be made on an individual doing business as a sole proprietorship at his or her place of business, during regular business hours, by?
Signup and view all the answers
The service of process of witness subpoenas, whether in criminal cases or civil actions, shall be made as provided in subsection (1). However, service of a subpoena on a witness in a civil traffic case, a criminal traffic case, a misdemeanor case, or a second degree or third degree felony may be made by United States mail directed to the witness at the last known address, and the service must be mailed at least ___ days prior to the date of the witness’s required appearance.
The service of process of witness subpoenas, whether in criminal cases or civil actions, shall be made as provided in subsection (1). However, service of a subpoena on a witness in a civil traffic case, a criminal traffic case, a misdemeanor case, or a second degree or third degree felony may be made by United States mail directed to the witness at the last known address, and the service must be mailed at least ___ days prior to the date of the witness’s required appearance.
Signup and view all the answers
A criminal witness subpoena commanding the witness to appear for a court appearance may be posted by a person authorized to serve process at the witness's residence if ____ attempts to serve the subpoena, made at different times of the day or night on different dates, have failed.
A criminal witness subpoena commanding the witness to appear for a court appearance may be posted by a person authorized to serve process at the witness's residence if ____ attempts to serve the subpoena, made at different times of the day or night on different dates, have failed.
Signup and view all the answers
A criminal witness subpoena commanding the witness to appear for a deposition may be posted by a person authorized to serve process at the witness’s residence if ___ attempt to serve the subpoena has failed. The subpoena must be posted at least __ days before the date of the witness’s required appearance.
A criminal witness subpoena commanding the witness to appear for a deposition may be posted by a person authorized to serve process at the witness’s residence if ___ attempt to serve the subpoena has failed. The subpoena must be posted at least __ days before the date of the witness’s required appearance.
Signup and view all the answers
Service of a criminal witness subpoena upon a law enforcement officer or upon any federal, state, or municipal employee may be made by?
Service of a criminal witness subpoena upon a law enforcement officer or upon any federal, state, or municipal employee may be made by?
Signup and view all the answers
in respect to service of a law enforcement officer However, no such designated employee is required to accept service:
in respect to service of a law enforcement officer However, no such designated employee is required to accept service:
Signup and view all the answers
If a person's only address for service, discoverable through public records, is a private mailbox, virtual office, or executive office or mini suite, how can substituted service be made?
If a person's only address for service, discoverable through public records, is a private mailbox, virtual office, or executive office or mini suite, how can substituted service be made?
Signup and view all the answers
A gated residential community, including a condominium association or a cooperative, shall grant _______ into the community, including its common areas and common elements, to a person who is attempting to serve process on a defendant or witness who resides within or is known to be within the community.
A gated residential community, including a condominium association or a cooperative, shall grant _______ into the community, including its common areas and common elements, to a person who is attempting to serve process on a defendant or witness who resides within or is known to be within the community.
Signup and view all the answers
What is the proper procedure for serving process against a minor who has never been married?
What is the proper procedure for serving process against a minor who has never been married?
Signup and view all the answers
How should the process against an incompetent person be served?
How should the process against an incompetent person be served?
Signup and view all the answers
How should a process against a state prisoner be served?
How should a process against a state prisoner be served?
Signup and view all the answers
In a civil action against a partnership that is not a limited liability partnership or a limited partnership, including a limited liability limited partnership, on whom must the process be served?
In a civil action against a partnership that is not a limited liability partnership or a limited partnership, including a limited liability limited partnership, on whom must the process be served?
Signup and view all the answers
After ___ attempts to serve a partner or designated employee or agent for service of process has been made,
process may be served on a person in charge of the partnership during regular business hours.
After ___ attempts to serve a partner or designated employee or agent for service of process has been made, process may be served on a person in charge of the partnership during regular business hours.
Signup and view all the answers
If, after due diligence, the process cannot be completed to a registered agent or general partner of a domestic limited partnership, service can be made upon which of the following?
If, after due diligence, the process cannot be completed to a registered agent or general partner of a domestic limited partnership, service can be made upon which of the following?
Signup and view all the answers
When any natural person or partnership not residing or having a principal place of business in this state engages in business in this state, process may be served on?
When any natural person or partnership not residing or having a principal place of business in this state engages in business in this state, process may be served on?
Signup and view all the answers
How should a process be served against any municipal corporation, agency, board, commission, department, or subdivision of the state or any county with a governing board?
How should a process be served against any municipal corporation, agency, board, commission, department, or subdivision of the state or any county with a governing board?
Signup and view all the answers
Service on the state.—When the state has consented to be sued, process against the state shall be served on the state attorney or an assistant state attorney for the judicial circuit within which the action is brought and by?
Service on the state.—When the state has consented to be sued, process against the state shall be served on the state attorney or an assistant state attorney for the judicial circuit within which the action is brought and by?
Signup and view all the answers
The state may serve motions or pleadings within __ days after service is made.
The state may serve motions or pleadings within __ days after service is made.
Signup and view all the answers
When authorized by law, substituted service of process on a nonresident individual or a corporation or other business entity incorporated or formed under the laws of any other state, territory, or commonwealth, or the laws of any foreign country, may be made by sending a copy of the process to?
When authorized by law, substituted service of process on a nonresident individual or a corporation or other business entity incorporated or formed under the laws of any other state, territory, or commonwealth, or the laws of any foreign country, may be made by sending a copy of the process to?
Signup and view all the answers
Service on nonresident motor vehicle owners—Any nonresident of this state, being the operator or owner of any motor vehicle, who accepts the privilege extended by the laws of this state to nonresident operators and owners, constitutes the __________ for the service of process in any civil action begun in the courts of the state against such operator or owner, arising out of or by reason of any accident or collision occurring within the state in which the motor vehicle is involved.
Service on nonresident motor vehicle owners—Any nonresident of this state, being the operator or owner of any motor vehicle, who accepts the privilege extended by the laws of this state to nonresident operators and owners, constitutes the __________ for the service of process in any civil action begun in the courts of the state against such operator or owner, arising out of or by reason of any accident or collision occurring within the state in which the motor vehicle is involved.
Signup and view all the answers
If a foreign business entity has registered to do business in this state and has maintained its registration in an active status, to whom may substituted service of process be made if personal service on the registered agent fails after due diligence?
If a foreign business entity has registered to do business in this state and has maintained its registration in an active status, to whom may substituted service of process be made if personal service on the registered agent fails after due diligence?
Signup and view all the answers
Service of process in an action for possession of residential premises - if the tenant cannot be found in the county or there is no person __ years of age or older residing at the tenant's usual place of abode in the county after at least ___ attempts, summons may be served by attaching a copy to a conspicuous place on the property described in the complaint or summons.
Service of process in an action for possession of residential premises - if the tenant cannot be found in the county or there is no person __ years of age or older residing at the tenant's usual place of abode in the county after at least ___ attempts, summons may be served by attaching a copy to a conspicuous place on the property described in the complaint or summons.
Signup and view all the answers
If a landlord causes or anticipates causing a defendant to be served with a summons and complaint solely by attaching them to some conspicuous place on the property described in the complaint or summons, the landlord shall provide the clerk of the court with an additional copy of the complaint and a prestamped envelope addressed to the defendant at the premises involved in the proceeding. Service shall be effective on the date of posting or mailing, whichever occurs later, and at least __days must elapse from the date of service before a judgment for final removal of the defendant may be entered.
If a landlord causes or anticipates causing a defendant to be served with a summons and complaint solely by attaching them to some conspicuous place on the property described in the complaint or summons, the landlord shall provide the clerk of the court with an additional copy of the complaint and a prestamped envelope addressed to the defendant at the premises involved in the proceeding. Service shall be effective on the date of posting or mailing, whichever occurs later, and at least __days must elapse from the date of service before a judgment for final removal of the defendant may be entered.
Signup and view all the answers
A summons must be issued in the name of '_____________' when the name of an occupant or occupants of real property is not known to the plaintiff and the property may be or is known to be occupied by an unknown party.
A summons must be issued in the name of '_____________' when the name of an occupant or occupants of real property is not known to the plaintiff and the property may be or is known to be occupied by an unknown party.
Signup and view all the answers
With unknown occupants, the plaintiff shall attempt to serve the summons on any unknown occupant of the property described in the summons and complaint. If service on the unknown occupant or occupants is not effectuated on the first attempt, how many additional attempts must be made?
With unknown occupants, the plaintiff shall attempt to serve the summons on any unknown occupant of the property described in the summons and complaint. If service on the unknown occupant or occupants is not effectuated on the first attempt, how many additional attempts must be made?
Signup and view all the answers
When must the three attempts to obtain service be made?
When must the three attempts to obtain service be made?
Signup and view all the answers
Except as otherwise provided herein, service of process on a party in another state, territory, or commonwealth of the United States must be made in the same manner as service within this state by any person authorized to serve process in the state where service shall be made. Is a court order required?
Except as otherwise provided herein, service of process on a party in another state, territory, or commonwealth of the United States must be made in the same manner as service within this state by any person authorized to serve process in the state where service shall be made. Is a court order required?
Signup and view all the answers
What is the status of service or execution on Sunday of any writ, process, warrant, order, or judgment?
What is the status of service or execution on Sunday of any writ, process, warrant, order, or judgment?
Signup and view all the answers
If an affidavit is made by the person requesting service or execution, stating that they have good reason to believe that any person liable to have any writ, process, warrant, order, or judgment served on them intends to escape from this state under the protection of Sunday, what can an officer do?
If an affidavit is made by the person requesting service or execution, stating that they have good reason to believe that any person liable to have any writ, process, warrant, order, or judgment served on them intends to escape from this state under the protection of Sunday, what can an officer do?
Signup and view all the answers
Each person who effects service of process shall note on a return-of-service form what?
Each person who effects service of process shall note on a return-of-service form what?
Signup and view all the answers
A failure to state the facts or to include the signature required does what to the service?
A failure to state the facts or to include the signature required does what to the service?
Signup and view all the answers
A failure to state all the facts in or to include the signature on the return shall subject the person effecting service to what?
A failure to state all the facts in or to include the signature on the return shall subject the person effecting service to what?
Signup and view all the answers
Who may establish an approved list of natural persons designated as certified process servers?
Who may establish an approved list of natural persons designated as certified process servers?
Signup and view all the answers
Each person whose name has been added to the approved list as a certified process server is subject to?
Each person whose name has been added to the approved list as a certified process server is subject to?
Signup and view all the answers
A person seeking the addition of his or her name to the approved list in any circuit shall submit an application
to the chief judge of the circuit or to the chief judge’s designee on a form prescribed by the court. A person applying to become a certified process server shall?
A person seeking the addition of his or her name to the approved list in any circuit shall submit an application to the chief judge of the circuit or to the chief judge’s designee on a form prescribed by the court. A person applying to become a certified process server shall?
Signup and view all the answers
Certified process servers must also?
Certified process servers must also?
Signup and view all the answers
Study Notes
Civil Process and Special Process Servers
- Civil actions require the issuance of process served by sheriffs or special process servers.
- Special process servers can serve various types of civil process as appointed by sheriffs.
Requirements for Special Process Servers
- Applicants must have no pending criminal cases or records of felony or specific misdemeanor convictions confirmed by a document.
- A special process server must be issued an approval from the sheriff to perform services.
- Authorized individuals can serve process unless restrictions apply based on the case.
Service of Process Specifics
- Service of original process involves delivering copies to the person or leaving them at their usual abode with someone at least 15 years old.
- Minors who are married must be served as adults.
- Employers failing to allow an authorized individual to serve process at designated private areas face penalties.
Substituted Service
- Substituted service on a spouse is permissible unless restricted by the court.
- For sole proprietorships, service may occur at their business during regular hours.
- Service via mail for certain civil subpoenas must be mailed at least 7 days prior to the appearance date.
Witness Subpoenas
- Criminal witness subpoenas allow posting at a witness's residence after 2 failed attempts at different times.
- A posting must happen at least 2 days before the required appearance.
Substituted Service Restrictions
- If only a private mailbox is available, standard substituted service rules apply.
- Gated communities must grant access for process serving.
Serving Minors and Incompetent Persons
- Processes against minors who have never married must follow particular service guidelines.
- Incompetent persons are served following specific legal protocols.
Service on Partnerships and Nonresidents
- For partnerships, serve designated employees or agents; if unsuccessful, a responsible person can be served during business hours.
- Foreign entities registered in the state can also receive substituted service.
Government and Municipal Services
- Serve municipal corporations via designated personnel.
- A state can be served through its attorney or assistant for legal matters requiring consent.
Timeframes for Service
- After service, the state can serve motions or pleadings within 20 days.
- For housing actions, service can occur post 3 failed attempts when no eligible resident is available.
Unknown Occupants and Multiple Attempts
- Summons must be issued in the name of "Unknown Occupants" when occupants are unidentified.
- Three attempts must be made during daytime hours for effective service.
Process Service Across Jurisdictions
- Service of process in other states follows local laws; authorization from the state where served may not be required.
- No executions or service are allowed on Sundays unless justified by an affidavit regarding potential escape.
Other Important Notes
- Service of process must include details on a return-of-service form; inaccuracies can invalidate the service.
- Certified process servers must comply with standards set by the court and submit applications to be added to approved lists.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
Test your understanding of the issuance of process in civil actions. This quiz includes statements and concepts related to civil procedure and how process is served in legal contexts. Evaluate your knowledge and improve your legal expertise.
