CLPS Ethics and Laws 2

Question 1

A process server discovers that the defendant is a personal acquaintance. What is the most ethical course of action?

Accepted Answer

Refuse the assignment and inform the hiring party of the conflict

Answer

A personal relationship creates a conflict of interest; the process server should decline the assignment and notify the client so an unbiased server can be retained.

Question 2

Under the FRCP, how many days does a defendant typically have to return a waiver of service of summons form?

Accepted Answer

30 days

Answer

Federal Rule of Civil Procedure 4(d) gives the defendant 30 days to return a signed waiver of service from the date the request was sent.

Question 3

Which statement best describes 'sewer service'?

Accepted Answer

Falsely claiming service was completed when it was not

Answer

Sewer service is the fraudulent practice of filing a false affidavit of service while never actually serving the defendant.

Question 4

A process server is asked to serve papers on a Sunday. Which resource best determines whether Sunday service is permitted?

Accepted Answer

The local state statute on service of process

Answer

State statutes govern when service may be made; many states restrict or prohibit Sunday service, so the server must consult local law.

Question 5

What does 'due diligence' require of a process server before attempting substitute service?

Accepted Answer

Multiple good-faith attempts at reasonable times and days

Answer

Due diligence requires documented, good-faith attempts at varied times and days before courts will approve substitute service.

(CLPS) Certified Legal Process Server Practice Test

(CLPS) Certified Legal Process Server Practice Test

CLPS Ethics and Laws 2