service of process

The service of writs, complaints, summonses, etc., signifies the delivering to or leaving them with the party to whom or with whom they ought to be delivered or left; and, when they are so delivered, they are then said to have been served.

In the pleading stage of litigation, is the delivery of the complaint to the defendant either to him personally or, in most jurisdictions, by leaving it with a responsible person at his place of residence. Usually a copy only is served and the original is shown. The service must furnish reasonable notice to defendant of proceedings to afford him opportunity to appear and be heard. Chemical Specialties Sales Corp. Industrial Div. v. Basic Inc., D.C.Conn., 296 F.Supp. 1106, 1107. Fed.R.Civil P. 4; Fed.R.Crim.P. 4.

The various types of service of process are as follows:

@ constructive service of process

Any form of service other than actual personal service. Notification of an action or of some proceeding therein, given to a person affected by sending it to him in the mails or causing it to be published in a newspaper. Fed.R.Civil P. 4(e).

See also service by publication

- substituted service.

+ constructive service of process

Form of service of process other than actual service; e.g. publication in newspaper is constructive service

@

- long arm statutes

@ personal service

Actual delivery of process to person to whom it is directed or to someone authorized to receive it in his behalf. Green Mountain College v. Levine, 120 Vt. 332, 139 A.2d 822, 824.

Personal service is made by delivering a copy of the summons and complaint to the person named or by leaving copies thereof at his dwelling or usual place of abode with some responsible person or by delivering a copy to an agent authorized to receive such. Special rules are also provided for service on infants, incompetents, corporations, the United States or officers or agencies thereof, etc. Fed.R.Civil P. 4(d); Fed.R.Crim.P. 4(d).

See also found

@

- proof of service (See also proof)

@ service by publication

Service of a summons or other process upon an absent or nonresident defendant, by publishing the same as an advertisement in a designated newspaper, with such other efforts to give him actual notice as the particular statute may prescribe.

See also substituted service

@ substituted service

Any form of service of process other than personal service, such as service by mail or by publication in a newspaper; service of a writ or notice on some person other than the one directly concerned, for example, his attorney of record, who has authority to represent him or to accept service for him. Fed.R. Civil P. 4(d).

See also long arm statutes

+ substituted service

Service of process upon a defendant in any manner, authorized by statute or rule, other than personal service within the jurisdiction; as by publication, by mailing a copy to his last known address, or by personal service in another state.

See Fed.R.Civil P. 4.

See also service

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