Service of Process
Civil Procedure · Lesson 12
Service of Process
這一課問的是：依 Rule 4 是否有效送達？
ActorActObjectStandardConsequence
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
Rule 4
Tap to see meaning
Summons + complaint service requirements.
Rule 4。
personal service
Tap to see meaning
Hand-delivery to defendant.
親自送達。
abode service
Tap to see meaning
Leave at usual abode with person of suitable age.
住所送達。
agent service
Tap to see meaning
Service on authorized agent.
代理人送達。
waiver of service
Tap to see meaning
Rule 4(d): defendant may waive in writing.
送達放棄。
Rule Sentence · the workhorse
Under Rule 4, service must be made within 90 days of complaint filing, by personal delivery, leaving with a suitable person at defendant's abode, delivering to an authorized agent, or following state methods of the forum or where served.
Mini IRAC · build the Application
Issue. Was service effective when the process server left the summons with D's 12-year-old child at D's home while D was at work?
Rule. Rule 4(e)(2)(B) permits service by leaving a copy at the individual's dwelling with someone of suitable age and discretion who resides there.
Application (model). Process server left summons with D's 12-year-old child at D's residence. Because Rule 4(e)(2)(B) permits abode service on a resident of suitable age and discretion, the fact that the recipient was a 12-year-old — generally below the age considered to have suitable discretion — means the service likely fails to meet 4(e)(2)(B)'s discretion requirement.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, service was likely defective and must be re-attempted.
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: