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14 Cards in this Set
- Front
- Back
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3 elements of personal jurisdiction
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1. proper commencement of action
2. proper service of process on D 3. proper basis of jurisdiction over person or property in the action |
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How long does P have to serve process on D?
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120 days from filing w/ clerk
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Does court have discretion to extend time for service?
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Yes, for good cause or interests of justice
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If summons is not accompanied by a complaint, what must the "notice" contain?
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1. brief statemetn of nature of action
2. nature of relief sought 3. if damages, amount of damages, EXCEPT in personal injury or wrongful death where P may not specify amt being sought |
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Who may serve process?
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Any person who is 18, provided NOT a party to the action
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Leave and Mail
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1. Leave w/ person of suitable age/discretion at D's actual dwelling or actual place of business.
2. Mail a copy to D's actual place of business or last-known residence. Two steps must be performed w/in 20 days of each other and w/in 120 days from filing |
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Affix and Mail
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1. Affix a copy of service at D's actual dwelling or actual place of business.
2. Mail a copy to D's actual place of business or last-known residence. BUT, requires exercise of due diligence first, by attempting to serve D directly or leave and mail. |
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How do you complete service?
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Complete upon delivery if service made by personal delivery.
If leave/mail or affix/mail, must file proof of service (affidavit describing details of service). Service is complete 10 days after proof of service is filed. |
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Who may serve process on a D outside NY?
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- any NY resident who is 18+
- anyone authorized to serve process under laws of jurisdiction where service is made - any attorney licensed in jurisdiction where service is made |
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How do you serve a corporation?
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(1) personal delivery to a corporate representative; or
(2) service on the NY Secretary of State - for domestic or licensed corp, personally deliver 2 copies to NY Sec'y - for unlicensed foreign corp, personally deliver one copy and mail one copy to corporation by certified mail, return receipt requested (3) Service by First-Class Mail PLUS Acknowledgment |
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What is First-Class Mail Plus Acknowledgment?
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Mail process to D by first-class mail; service is effective if D signs and returns acknowledgment form to P w/in 30 days after D receives mailed process.
If D refuses, he can be made to pay P's expenses for second service attempt. Service by this method can be used in or outside NY. Available to all types of Ds (person, corps) EXCEPT infants and mentally incapacitated. |
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Personal jurisdiction: 3 kinds of general jurisdiction
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1. physical presence in NY
2. "doing business" in NY 3. domicile in NY |
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Personal jurisdiction: 3 kinds of specific jurisdiction
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1. long-arm juris
2. non-resident motorists statute 3. consent |
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Long-arm jurisdiction: five categories
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1. Transaction of business by D in NY
2. Contract made outside of NY, but in which D agreed to supply goods/services in NY (must be "economically significant") 3. Tortious act in NY 4. Tortious act outside NY which causes injury in NY, plus add'l link between D and NY - solicitation or engagement of business or conduct in NY; derives substantial revenue from NY activities; D expects or should expect the act to have consequences in NY AND derives substantial revenue from interstate commerce which purposefully includes NY. 5. ownership, use, possession in NY |
