CLPS Ethics and Laws 4

Question 1

Under FRCP 4(e), personal service on an individual in a federal case may be completed by:

Accepted Answer

Delivering a copy to the individual personally or leaving it at their dwelling with a suitable person

Answer

FRCP 4(e)(2) authorizes delivering documents directly to the individual, leaving them at the dwelling with a person of suitable age and discretion, or delivering to an authorized agent.

Question 2

A process server who witnesses the defendant sign a return receipt for certified mail:

Accepted Answer

Has no role in the service since certified mail is handled by the postal service

Answer

Certified mail service is handled by the postal carrier; a process server who merely observes the signing cannot convert that into personal service.

Question 3

Which of the following best defines 'substituted service' in the context of process serving?

Accepted Answer

Delivering documents to a person other than the named defendant at their home or workplace

Answer

Substituted service allows delivery to a suitable adult at the defendant's residence or place of business when the defendant cannot be found after due diligence.

Question 4

A state statute requires process servers to be licensed. A server completes service without a current license. The service is most likely:

Accepted Answer

Voidable or invalid because the server lacked legal authority to serve

Answer

Unlicensed service in a state that requires licensure can render the service legally defective, giving the defendant grounds to challenge jurisdiction.

Question 5

What information is typically NOT required on a proof of service affidavit?

Accepted Answer

The server's personal opinion of the defendant's credibility

Answer

Affidavits of service require factual details about the service event; subjective opinions about the defendant's character are irrelevant and improper.

(CLPS) Certified Legal Process Server Practice Test

(CLPS) Certified Legal Process Server Practice Test

CLPS Ethics and Laws 4