Civil Procedure

Front 1

Notice must be...

(Phrase that pays)

Back 1

The notice has to reasonable convey the required information and afford a reasonable time for those interested to make their appearance.

Front 2

Does constructive notice satisfy due process if the D. name and address is known or available from public records?

Back 2

No.

Front 3

Does constructive notice by publication and posting provide mortgagee of proceeding to levy his house b/c of past due taxes?

Back 3

No. Personal or mailed service is required (Mennonote Board of Missions c. Adams 462 U.S. 791

Front 4

NAAre notices on the doors of tenants being evicted from public housing sufficient for notice?

Back 4

No. ( Greene v. Lindsey 456 U.S. 444)

Front 5

N/AIs notice satisfies if the return receipt is signed by a mail room person in a prisoner's prison and the family been provided mail service?

Back 5

Yes. (Dusenbery v. United States 534 US 161)

Front 6

What was Jones v. Flowers about?

(547 U.S. 220)

Back 6

In a case involving a homeowner with unpaid TX, the government used certified mail to notify the taxpayer of impending sale of his property, but made no further effort to contact the taxpayer when the notice was unclaimed.

Front 7

What is significant about Jones v. Flowers

(547 U.S. 220)

Back 7

The court held that under these circumstances the government was required to have taken "additional reasonable steps...if it is practical to do so to ensure that that the taxpayer receives notice before forfeiture of his property

Front 8

What is "ex ante?"

Back 8

From the viewpoint of the government agency at the time its notice is sent.

Front 9

IN/As notice for a foreclosure proceeding if service of process was mailed to a person who was adjudged insane and committed to a hospital and without protection of a guardian?

Back 9

No.

Front 10

N/AWhat is the Serviceman's Civil Relief Act?

Back 10

Postpones or suspends proceeding that may lead to eviction, mortgage foreclosure, the entry of a default judgement, or the sale of stored goods to pay for storage liens.

Front 11

Are the contents of the notice important?

Back 11

Yes. Statutes in every state lay out what must be included in the notice. Some examples are: the number of days d. has to respond, address of the court, etc.

Front 12

What steps must be taken for waiver of service to be effective?

Back 12

(d) Waiving Service. (1) Requesting a Waiver. An individual, corporation, or association that is subject to service under Rule 4(e), (f), or (h) has a duty to avoid unnecessary expenses of serving the summons.

The plaintiff may notify such a defendant that an action has been commenced and request that the defendant waive service of a summons.

The notice and request must:(A) be in writing and be addressed:(i) to the individual defendant; or(ii) for a defendant subject to service under Rule 4(h), to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process;

(B) name the court where the complaint was filed;

(C) be accompanied by a copy of the complaint, two copies of the waiver form appended to this Rule 4, and a prepaid means for returning the form;

(D) inform the defendant, using the form appended to the Rule 4, of the consequences of waiving and not waiving service;

(E) state the date when the request is sent;

(F) give the defendant a reasonable time of at least 30 days after the request was sent—or at least 60 days if sent to the defendant outside any judicial district of the United States—to return the waiver; and

(G) be sent by first-class mail or other reliable means.USCS Fed Rules Civ Proc R 4

Front 13

What forms of transmittal are permitted in addition to first class mail for waiver of service?

Back 13

It has to be first class mail or by "other reliable means" 4(d)(g)

Front 14

What is the time period if the waiver is sent to a d. outside of the United States?

Back 14

60 days

Front 15

Should defendants who have had actual notice be able to claim that they were not served properly?

Back 15

"When there is actual notice, every technical violation of rule or failure of strict compliance may not invalidate service of process."

Front 16

Why has service of process by mail increased in popularity?

Back 16

The advent of long are statutes.

Front 17

When leaving a summons and complaint a d's "dwelling or usual place of abode with someone of suitable age and discretion" does that person have to reside there?

Back 17

Yes.

Front 18

What is the "usual place of abode" for a litigant with multiple dwellings?

Back 18

ASK SOMEONE

Front 19

What does it mean when the law requires an agent to be "authorized by appointment or law?"

Back 19

For delivery on an agent to be honored there must be evidence that d. himself intended to confer such authority on the agent

Front 20

Is Rule 4h regarding serving a corporation, partnership or association strictly or liberally construed?

Back 20

Liberally. The rule does not require that service be made solely in a restricted class of formally entitled officials, but rather permits it to be made "upon a representative so integrated in the organization that he will know what to do with the papers. Generally service is sufficient when made upon an individual who stands in such a position as to render it fair, reasonable and just to imply the authority on his part to receive services."

Front 21

What must a process-serve do after she has delivered the papers?

Back 21

He must file a return, which should disclose enough facts to demonstrate the D. has actually been served and given notice that she is required to appear in court.