LAWS
Federal Jurisdiction & Procedure.docx

D note also bars prospective injunctive relief

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d. Note: also bars prospective injunctive relief against state officials in federal court, even when no ongoing state court enforcement proceeding. Pre-trial Procedures: Service Requirements 1. Valid Service a. FCRP provides – service valid if authorized by FRCP, law of forum state, or law of state where ∆ served (unless ∆ is incompetent or a minor; then FRCP says forum state law (cannot serve by waiver)). b. Not qualified : (1) person under 18, or (2) a party. c. Timing – within 120 days after complaint filed (or dismiss on ∆’s motion or sua sponte unless good cause shown ). d. Waiver – service by mail and waiver i. Π sends ∆ by first class mail : 1. Copy of complaint 2. Request for waiver 3. Two copies of waiver 4. Prepaid means of returning executed waiver (π bears costs) ii. ∆ has 30 days from date π sent request to return executed waiver. 1. If ∆ executes the waiver – 60 days from date π sent request to file an Answer. iii. Π then files executed waiver in federal court as proof of substitute service. iv. ∆’s waiver of service does not constitute waiver of right to object to defects in SMJ, PJ, or to improper venue.
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v. If ∆ refuses to execute waiver without good cause: 1. ∆ must reimburse π for costs of service charged by private process server. 2. ∆ must pay reasonable attorney’s fees to π’s attorney for preparing Motion for Costs. 3. ∆ must reimburse π for court costs of filing fees for filing Motion. 2. Methods, absent waiver a. Personal – actual delivery to individual. b. Domiciliary – leave copies of summons/complaint at dwelling house or usual place of abode w/ SAD person. c. Agent – deliver copies of summons and complaint to agent authorized by appointment or law to receive SOP. d. Office – service at individual’s office requires personal service. e. Business entity – service by delivery of summons/complaint to officer, managing agent, or any other agent authorized by appointment or law to receive SOP (if this, then mail copy to ∆). f. United States – deliver complaint/summons to US Atty for federal district (or designees), then mail copies to US AG (may also send copy by registered or certified mail to civil process clerk at US AG’s office for district). g. State/Municipal Corporation – deliver copies of complaint/summons to CEO or as o/w provided by law. 3. Service on persons outside district or forum state a. State long-arm statutes – may use to accomplish service if they comply with DP minimum contacts requirement b. If state long-arm and federal service statutes don’t apply (FQ case) – sufficient “national” contacts may be enough to enable service in given state. c. 100-mile bulge – service w/in 100 miles from courthouse may be made upon: i. Additional impleaded parties – Rule 13 ii. Parties involved in counterclaims – Rule 13 iii. Parties required to be joined – Rule 19 d. Documents other than summons or subpoena – may be served anywhere in state in which district located and o/w auth’d.
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  • Spring '14
  • CatherineLacroix
  • Common Law, Supreme Court of the United States, federal court, SMJ

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