Legal Process: Rule 1.070 Overview

Who is responsible for issuing the summons at the commencement of the action?

What must be provided to prove that service of process was made?

If a process is returned not executed, who is entitled to additional process?

In the case of multiple defendants, what is required from the clerk or judge?

What must be endorsed on the original process and all copies at the time of personal service?

What is required when service is made by publication?

When personal service of a court order is made, what must be done with the original order?

Who can make service of process according to the content provided?

What must accompany the written request to waive service of a summons?

What happens if a defendant fails to comply with a waiver request within the specified time?

What is the time frame for a defendant outside the United States to return the waiver of service?

Under what condition is a defendant not required to respond to the complaint within the usual timeframe?

Which of the following is NOT required in the notice and request for waiver of service?

How is service of process deemed effected in relation to response time?

What constitutes sufficient pleading for service under Florida statutes for nonresidents?

What is the maximum amount of time a defendant has to respond upon returning a waiver of service?

Process and Service of Summons

Summons must be issued immediately upon the commencement of the action, signed by the clerk or judge, and bear the court's seal.
Service of process can be performed by an authorized officer or a competent appointed person; proof of service must be submitted via affidavit within the response timeframe.
Failure to submit proof does not invalidate the service, but additional process can be issued against unserved defendants.

Handling Multiple Defendants

For multiple defendants, multiple writs of process are issued as per the plaintiff’s request.

Alternate Methods of Service

Service may be executed through publication or other means as specified by law.
When serving process personally, a copy of the initial pleading must be provided at the time of service, and details of service timing must be endorsed on all documents.

Service of Court Orders

For personal service of court orders, a certified copy must be used in place of the original; certification is provided free of charge by the clerk.

Service Fees and Pleading Basis

The statutory fee for service is not increased due to the simultaneous delivery of additional documents.
When serving nonresidents, it is enough to state the basis for service as outlined in the statute, without detailing the supporting facts.

Mail Service and Waivers

Defendants can accept service by mail without waiving objections to venue or jurisdiction.
Plaintiffs can notify defendants of action commencement and request waiver of summons service, requiring specific written criteria.
A written request must be sent via certified mail with return receipt, including a copy of the complaint and identifying the court.
The request must notify the defendant of consequences for compliance or failure, state the sending date, and give 20 days (or 30 days for international addresses) to respond.

Failure to Waive and Timeline

If a defendant does not comply with the waiver request within the specified timeframe, the court may impose costs for subsequent service unless good cause is shown.
A timely waiver returned by the defendant leads to a 60-day response time for the complaint instead of the usual timeframe.
Service of process is deemed effective 20 days prior to the response deadline, facilitating smoother proceedings.

This quiz explores Rule 1.070 of the legal process, focusing on the issuance and service of summons. Participants will learn about the responsibilities of the clerk, judge, and authorized officers in serving process. Test your knowledge on the intricacies of legal process initiation!