CLPS Personal Service 3 — Questions and Answers
Question 1: Under federal rules, personal service on an individual may be accomplished by:
- Any adult who is a party to the lawsuit
- Following state law where service is made, or delivering a copy to the individual personally (Correct answer)
- Certified mail only
- Electronic service through email
Correct answer: Following state law where service is made, or delivering a copy to the individual personally
Federal Rule of Civil Procedure 4 allows personal service on an individual by following applicable state law or by delivering a copy to the individual personally.
Question 2: What is the significance of the 'time of service' recorded in a proof of service?
- It determines the filing fee for the lawsuit
- It establishes when legal deadlines begin to run and proves service occurred within required timeframes (Correct answer)
- It is only relevant for criminal cases
- It helps the court schedule future hearings
Correct answer: It establishes when legal deadlines begin to run and proves service occurred within required timeframes
The time of service is critical because it triggers statutory deadlines and confirms that service was made within court-required timeframes.
Question 3: A process server is asked to serve documents on a minor defendant. What is the correct procedure?
- Serve the minor directly at school
- Serve a parent, guardian, or other person with authority over the minor, per applicable state law (Correct answer)
- Post documents at the minor's residence
- Refuse to serve minors under any circumstances
Correct answer: Serve a parent, guardian, or other person with authority over the minor, per applicable state law
Most jurisdictions require that service on a minor be made upon a parent, guardian, or person having legal authority, not the minor directly.
Question 4: Which of the following constitutes 'evasion of service' by a defendant?
- Being away from home during a single attempt
- Deliberately avoiding known attempts at personal service (Correct answer)
- Not answering the door on one occasion
- Working during business hours when service is attempted
Correct answer: Deliberately avoiding known attempts at personal service
Evasion of service involves deliberate actions by a defendant to avoid known attempts at personal service, which can affect how courts treat subsequent service methods.
Question 5: When a process server notes that the address on the complaint appears incorrect, the best course of action is to:
- Serve anyone at that address and note the discrepancy
- Notify the retaining attorney immediately and attempt to verify the correct address before serving (Correct answer)
- Return the papers to the court unfiled
- Post the documents on the door and move on
Correct answer: Notify the retaining attorney immediately and attempt to verify the correct address before serving
An incorrect address should be flagged to the retaining attorney so the correct location can be verified before service is attempted to avoid a void service.
Question 6: Personal service is generally considered complete when:
- The defendant signs an acknowledgment of receipt
- The documents are physically delivered to or left near the defendant with proper announcement (Correct answer)
- The court stamps the affidavit of service
- The defendant reads the documents in the server's presence
Correct answer: The documents are physically delivered to or left near the defendant with proper announcement
Service is complete upon physical delivery of the documents to the defendant or, in cases of refusal, by leaving them near the defendant with proper announcement.
Question 7: A gated community prevents a process server from entering to reach a defendant. What should the server do?
- Toss the documents over the gate
- Document the obstruction, attempt alternative entry methods allowed by law, and notify the attorney (Correct answer)
- Consider service complete since access was blocked
- Contact law enforcement to force entry
Correct answer: Document the obstruction, attempt alternative entry methods allowed by law, and notify the attorney
The server should document the access obstruction, explore lawful alternatives (e.g., waiting near the gate), and report the situation to the retaining attorney.
CLPS Personal Service 3
Under federal rules, personal service on an individual may be accomplished by: