Civil Procedure: Service of Process and Subpoena

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Questions and Answers

What is the purpose of a return of service?

To prove that service was made (correct)
To request a default judgment
To dismiss the lawsuit
To notify the defendant of the lawsuit

What is the time limit for a defendant to respond to a complaint in a civil action?

20 days (correct)
30 days
10 days
40 days

What is the purpose of service by publication?

To serve a defendant who is incarcerated
To serve a defendant who is evading service
To notify a defendant of a lawsuit when their whereabouts are unknown (correct)
To serve a defendant who is out of state

What happens if a defendant fails to respond to a summons and complaint?

The plaintiff is entitled to a default judgment (B) Signup and view all the answers

How is service of foreign process made in Florida?

In the same manner as service is made in Florida (D) Signup and view all the answers

On what day is service not valid unless the Court specifically authorizes it?

Sunday (D) Signup and view all the answers

What is the purpose of a subpoena duces tecum?

To command a witness to produce documents (C) Signup and view all the answers

What is the consequence of failing to state all the facts required in a return of service?

The service is invalid and the officer is subject to a fine (A) Signup and view all the answers

What is the consequence of failing to serve a party within 120 days after the filing of a civil action?

Dismissal of the action (A) Signup and view all the answers

Who can be served at a residence?

Anyone residing in the home who is 15 years of age or older (D) Signup and view all the answers

How is time computed in civil rules?

From the day after the act or event (D) Signup and view all the answers

What is required for service on a tenant for eviction?

Attaching the papers to a conspicuous place on the property after attempting personal service twice at least six hours apart (C) Signup and view all the answers

What is the consequence of failing to file proof of service?

The service is not affected (B) Signup and view all the answers

How is service made on an unmarried minor?

By serving the parent or guardian (C) Signup and view all the answers

How are pleadings served after the initial summons and complaint?

By mail or facsimile (D) Signup and view all the answers

On whom can process be served for a private corporation?

An officer, director, or business agent residing in the state (B) Signup and view all the answers

What is required for service by mail?

Registered mail with a return receipt for small claims matters $2,500 or less (C) Signup and view all the answers

What is required after all attempts at locating the defendant fail?

Service, personal or by certified mail, is made upon the designated statutory or public officer (C) Signup and view all the answers

What must be filed after attempting personal service and using certified or registered mail?

An affidavit stating that a plaintiff was diligent in attempts to locate the defendant or that the defendant is in fact hiding from service (A) Signup and view all the answers

Who is responsible for maintaining a list of approved process servers?

The circuit court administrator and the clerk of the Court (A) Signup and view all the answers

What is the first step in commencing a civil action in Florida?

Filing a formal written complaint in the appropriate court with jurisdiction over the matter (B) Signup and view all the answers

Who is responsible for issuing a summons in a civil case in Florida?

The clerk or judge (C) Signup and view all the answers

Who is authorized to serve process papers in Florida?

The sheriff or deputies, or any competent person appointed by the Court (D) Signup and view all the answers

What is the direction of service of process and subpoenas in Florida?

Provided by the Florida Rules of Civil Procedure and the Florida Statutes (D) Signup and view all the answers

What is the requirement for a person to be a process server in Florida?

Meeting the requirements of F.S.§48.29(3) and other requirements of the local court (B) Signup and view all the answers

What is the right of the sheriff in Florida?

To execute all processes of the Supreme Court, circuit courts, and boards of county commissioners (A) Signup and view all the answers

What fee is the sheriff entitled to in Florida?

A fixed nonrefundable fee (A) Signup and view all the answers

What is the purpose of F.S.§48.29?

To provide guidelines for the process server (A) Signup and view all the answers

Who is authorized to issue a subpoena under Florida law?

The clerk of the Court (A) Signup and view all the answers

What is the minimum age requirement for a person serving a subpoena?

18 years old (C) Signup and view all the answers

What happens if a person fails to respond to a subpoena for a criminal proceeding?

They will be cited for contempt of court and have sanctions imposed (A) Signup and view all the answers

In what manner is a subpoena served?

By a person authorized by law to serve process or by any other person who is not a party and who is not less than 18 years of age (D) Signup and view all the answers

What is the purpose of a summons in a criminal case?

To state the name of the person, the nature of the offense, and the time and place to appear (B) Signup and view all the answers

Who has the authority to execute all processes of the Supreme Court, circuit court, county court, and boards of county commissioners in their county?

Sheriffs (C) Signup and view all the answers

When computing a time period, what is excluded from the count?

Intermediate Saturdays and Sundays (B) Signup and view all the answers

What happens if a person fails to respond to a summons in a criminal case?

They will be considered an indirect contempt of court and may be fined (B) Signup and view all the answers

How is a summons served in a criminal case?

In the same manner as a civil complaint (B) Signup and view all the answers

How many days are added to periods where service is allowed by mail?

Five days (D) Signup and view all the answers

What is the primary purpose of compulsory process in criminal cases?

To provide the right of the accused to obtain witnesses (C) Signup and view all the answers

What is the purpose of a Notice to Appear in a criminal case?

To command an appearance in court for a misdemeanor or ordinance violation (B) Signup and view all the answers

What is the minimum age requirement for a person to receive a subpoena at a person's place of abode?

15 years old (D) Signup and view all the answers

What happens if a person signs a Notice to Appear and fails to appear?

A warrant for their arrest shall be issued (D) Signup and view all the answers

How can a subpoena be served on a law enforcement officer or government employee called to testify in an official capacity?

At either their workplace or home (A) Signup and view all the answers

What is the penalty for simulating a summons, complaint, or other court process in Florida?

Second-degree misdemeanor (C) Signup and view all the answers

What chapter of Florida Statutes provides for the interstate extradition of witnesses?

Chapter 942 (A) Signup and view all the answers

What is the purpose of a Notice of Appearance issued by a law enforcement officer or a judge?

To include a Schedule of Witnesses and Evidence for Notice to Appear (D) Signup and view all the answers

Study Notes

Service of Process and Subpoena

Service of process in civil cases:
- Issued by the court (Chapter 48 and Florida Rules of Civil Procedure)
- Directed to all sheriffs in the state
- Service made after the issuance of a summons (F.S. §48.011; Fla.R.Civ.P. 1.070)
- Authorized persons for service: sheriff, deputies, or competent persons appointed by the court (F.S. §48.021; Fla.R.Civ.P. 1.070(b))
Time and method of service:
- Service on Sunday is not valid unless authorized by the court
- Failure to serve a party within 120 days after filing a civil action results in dismissal (Fla.R.Civ.P. 1.070(i))
- Service made by delivering a copy of the summons and complaint to the person being served or leaving it at their usual place of abode (F.S. §48.031)
Who can be served:
- Anyone residing in the home, not just a family member
- Process server must attempt to ascertain the identity and age of the person being served
Specific rules for service:
- Service on tenants for eviction: attaching papers to a conspicuous place on the property if no one 15 years or older is present (F.S. §48.183 and 83.22)
- Service on minors/incompetents: serving the parent or guardian (F.S. §48.041) or the guardian (F.S. §48.042) respectively
- Service on prisoners: serving the prisoner (F.S. §48.051)
- Service on persons outside the state: same as within the state (F.S. §48.194)
- Service on corporations: serving an officer, director, or business agent (F.S. §48.081)
Service by mail:
- Generally not permitted, except in small claims matters $2,500 or less (registered mail with return receipt)
Substitute service:
- Authorized by specific statutes when a resident or nonresident conceals their location
- Attempt personal service, then use certified or registered mail (F.S. §48.161)
Service by publication:
- Allowed in limited matters, such as liens, title claims, partition, garnishment, replevin, probate, and other matters not requiring personal service (F.S. §49.011)
- Strict compliance with statutes required, with a diligent search for the defendant (F.S. §49.051)
Return of service:
- Filed with the court by the person making service (Fla.R.Civ.P. 1.070(b))
- Proof of service made by affidavit, with failure to file proof of service not invalidating the service made (Fla.R.Civ.P. 1.070(b))

Service of a Subpoena—Civil Cases

Subpoenas:
- Issued to command appearances of witnesses at depositions and trial (Fla.R.Civ.P. 1.080(a), 1.310, 1.410)
- May include production of documents (subpoena duces tecum) (Fla.R.Civ.P. 1.410(b))
Service of a subpoena:
- Made by any person authorized by law to serve process or by any other person who is not a party and is at least 18 years old (Fla.R.Civ.P. 1.410(c))
- Service and proof of service made in the same manner as for service of a summons and complaint (F.S. §48.031)

Service of Summons—Criminal Cases

Issuance of summons:
- Authorized by Chapter 901 and the Florida Rules of Criminal Procedure (Fla.R.Crim.P.)
- Judge empowered to issue a summons instead of a warrant in criminal matters within his jurisdiction
Authorized persons for service:
- Sheriffs (F.S. §§30.15 and 48.021)
- Law enforcement officers (Chapter 901 and Fla.R.Crim.P. 3.125)
Time and method of service:
- Same as for civil cases (F.S. §§48.031 and 901.10)
Failure to respond:
- May be considered indirect contempt of court (F.S. §901.11)
- Fine of up to $100 may be imposed, and a warrant for arrest may be issued

Service After Initial Pleadings

Service of pleadings and papers after the initial indictment or information:
- Served on the attorney for the party or the party by mailing or delivering to the last known address (Fla.R.Crim.P. 3.030)

Computation of Time

Time periods calculated according to Fla.R.Crim.P. 3.040
Last day of the period included in the time limit computed, unless it is a Saturday, Sunday, or legal holiday
Five days added to periods where service is allowed by mail (Fla.R.Crim.P. 3.070)

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Description

This quiz covers the rules and procedures for serving process and subpoenas in civil cases in Florida, including the role of the court and clerk. Legal Guideline # 19