Also known as: serving process · service of the process · served process · process service · service
Written by attorneys · grounded in primary & secondary sources — see below
A procedural mechanism by which a plaintiff provides formal notice to a defendant of a pending lawsuit through delivery of the summons and complaint or other initiating documents.
Spencer Silver sues a state revenue department over a nonuniform excise tax. He delivers the summons and complaint to the department's designated officer at its principal office. The delivery satisfies the requirement that notice reach the defendant in a proceeding affecting its interests under federal power to regulate uniform taxes.
Sierra Santos sues Sterling Manufacturing for breach of contract. Her attorney sends a written notice and request for waiver of service to the corporation's registered agent. The corporation returns the signed waiver within the required period, avoiding the expense of formal service.
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Steven Silva sues Sentinel Security for negligence. He hands the summons and complaint to the company's general manager who handles a continuous series of transactions for the firm. The manager's authority to accept service binds the corporation.
Seth Shapiro sues a bank trustee on behalf of dispersed trust beneficiaries. The bank mails notice to all known beneficiaries and publishes notice for unknown ones. The method satisfies due process because the beneficiaries share identical interests and the cost of personal service would be prohibitive.
Sylvia Santos sues a limited partnership after its registered agent cannot be located. She delivers the summons to the individual in charge of the partnership's regular business office. The delivery constitutes valid service under the uniform act.
Sean Steele sues an animal trainer after a service dog bites a visitor. He serves the trainer personally at the training facility. The service is effective because the dog is classified as domestic and devoted to human service at the location where it is kept.
Service must be made by a nonparty who is at least eighteen years old. Permissible methods include personal delivery, delivery at the defendant's dwelling with a person of suitable age, or delivery to an authorized agent. The plaintiff may also request waiver of service to avoid costs.
Due process requires notice reasonably calculated to apprise interested parties of the action. Publication alone is insufficient when the defendant's name and address are known or reasonably ascertainable. Mail notice satisfies the standard for known parties in proceedings affecting multiple beneficiaries.
Delivery to a general agent who conducts a series of transactions involving continuity of service binds the entity. The manager must have authority to accept service on behalf of the organization.
The defendant must answer within sixty days after the request is sent, or ninety days if sent outside a judicial district. Waiver avoids the expense of formal service while preserving all defenses.
Service may be made by handing a copy to the individual in charge of any regular place of business if that individual is not a plaintiff. The method applies only after attempts under the primary subsections fail.
…in the cases that the Does urge upon us, namely, Investment Co. Institute v. Camp , 401 U. S. 617 (1971); Data Processing Service v. Camp , 397 U. S. 150 (1970); and Epperson v. Arkansas , 393 U. S. 97 (1968). See also Truax v. Raich , 239 U. S. 33 (1915). The Does therefore are not appropriate plaintiffs in…