Civil Procedure Outline
5th Amendment
1. no person deprived of life liberty or property without due process of law
14th amendment
1. no state shall deprive a person of life liberty or property without due process of law
FRCP 4 Service Jurisdiction and Notice
Service of Process/ notice and opportunity to be heard
1. Description service must be proper under rule 4, +meet reasonableness test
a. 4(c)(1)- what documents must be served
i. complaint and summons
b. 4(a)- contents of summons (standard form)
i. signature of clerk and seal of court
ii. identifies court and parties
iii. provides name of plaintiff’s attorney
iv. time within which defendant must respond and default judgment if not
c. 4(e)-(j)- how papers must be served
i. 4(e)- service as applicable to rules of state courts (alternative)
d. 4(m)- when they must be served
i. within 120 days of filing complaint
` e. 4(c)(2)- who must serve them
i. any person over 18 and not party to action
ii. personally deliver summons and complaint to defendant
iii. leaving copies of the summons and complaint at dwelling house or usual place of abode with a person of suitable age and discretion residing within
-summer houses don’t count
-can’t just leave at door (without authorization by state statute)
-if person within does not reside there then not effective
iv. deliver to agent appointed by defendant to receive service of process on behalf
f. 4(d)- how requirement can be waived, notice of action with request
i. (d)(2)- duty to “avoid unnecessary costs of serving summons”, imposes costs of service on defendant who refuses to waive service without good cause
ii. (d)(3)-reward, gives defendants 60 days rather that 20 to respond to complaint
iii. must identify court, by first class mail, and other reqs
g. 4(h)- service on corporations. Must be left with officer, managing or general agent
i. can depend on specifics of duties
2. Reasonableness test- not necessary that he actually learned of suit, but procedures used must be reasonably likely to inform him (mullane)
a. reasonableness and unreasonableness factors
i. reasonable
-give to employee
-hand deliver himself
ii unreasonable
-low level subsidiary
-give to person other than agent
-give to a person of unsuitable age and discretion
b. sometimes may be left an unattended dwelling, but must have statute
c. some states allow service by mail
d. service by publication
i. service on domiciliary in hiding
ii. but will never be sufficient if defendant’s name and
mples of possible min. contacts), 2 steps, min contacts and then tnfpsj
i. specific jurisdiction (“dispute specific” jurisdiction)
-purposeful availment (see below) v. casual and isolated
-reach out? Representation?
-“quality and nature” of single purposeful act, consequences which are so severe make it reasonable for D to defend suit in case
-unless consent
-not best contacts or most contacts but minimum contacts
ii. general jurisdiction (“dispute blind jurisdiction”)
-purposeful availment
-brennan, “stream of commerce theory”, enough if
-judged by benefited economically
-regularly sold
-o’connor- must purposely avail itself, mere purchases not sufficient, awareness of sweeping of product into forum state not enough
-substantial revenue
-stock traded
-agent for service of process
-systematic and continuous
-purchase of land
-contractual relationship
-reasonably anticipate out of state litigation
-distribution and maketing
-office
