CLPS Service of Process 3 — Questions and Answers
Question 1: What is 'service by publication' and when is it typically authorized?
- Publishing the summons in a legal newspaper when the defendant cannot be located after diligent search (Correct answer)
- Posting service details on the court's public website
- Sending documents to the defendant's last known employer
- Filing the summons with the clerk of court for public record
Correct answer: Publishing the summons in a legal newspaper when the defendant cannot be located after diligent search
Service by publication involves publishing the summons in an approved newspaper for a specified period and is authorized by courts only after the process server demonstrates diligent but unsuccessful attempts to locate the defendant.
Question 2: Which of the following best describes 'personal service'?
- Mailing documents to the defendant's home address
- Physically delivering legal documents directly to the named defendant (Correct answer)
- Leaving documents with any adult at the defendant's workplace
- Emailing the documents to the defendant's attorney
Correct answer: Physically delivering legal documents directly to the named defendant
Personal service is the direct, physical delivery of legal documents to the named individual defendant and is the preferred and most legally reliable method.
Question 3: What information must typically be included in an affidavit of service?
- Only the date and the defendant's signature
- Date, time, location, method of service, description of person served, and server's sworn statement (Correct answer)
- The plaintiff's contact information and case outcome
- Only the process server's license number and employer
Correct answer: Date, time, location, method of service, description of person served, and server's sworn statement
A complete affidavit of service must detail the date, time, place, manner of service, description of the person served (if applicable), and the server's sworn attestation to accuracy.
Question 4: Under what circumstance might a court quash (invalidate) service of process?
- When the defendant hires an attorney after being served
- When the documents were not delivered according to applicable procedural rules (Correct answer)
- When the plaintiff changes their attorney of record
- When the case is transferred to a different jurisdiction
Correct answer: When the documents were not delivered according to applicable procedural rules
Courts will quash service when it fails to comply with the applicable rules of civil procedure, such as improper method, defective documents, or lack of proper authorization.
Question 5: A process server is asked to serve documents on a Sunday in a state that prohibits Sunday service. What should the server do?
- Serve on Sunday since it is an emergency
- Decline and schedule service for a permitted day (Correct answer)
- Serve at midnight to avoid the Sunday restriction
- Mail the documents instead on Sunday
Correct answer: Decline and schedule service for a permitted day
Many states restrict service on Sundays and certain holidays; process servers must comply with these statutory restrictions or the service may be void.
Question 6: What is a 'return of service' deadline and why is it critical?
- The time a defendant has to respond to a lawsuit
- The court-imposed deadline by which proof of service must be filed after the summons is issued (Correct answer)
- The number of days a server has to re-attempt service after a failure
- The period during which a plaintiff can amend their complaint
Correct answer: The court-imposed deadline by which proof of service must be filed after the summons is issued
The return of service deadline is a court-mandated timeframe for filing proof of service; missing it can result in dismissal of the case for failure to prosecute.
Question 7: When serving a minor defendant in a civil action, what additional step is typically required beyond serving the minor?
- Photographing the minor at the time of service
- Also serving a parent or legal guardian (Correct answer)
- Obtaining a court order before attempting any service
- Filing a separate petition with juvenile court
Correct answer: Also serving a parent or legal guardian
Because minors lack legal capacity to be solely responsible for responding to legal actions, service on a minor typically also requires serving a parent or guardian.
CLPS Service of Process 3
What is 'service by publication' and when is it typically authorized?