CLPS Service of Process 4 — Questions and Answers
Question 1: What is the 'statute of limitations' concern most relevant to service of process?
- The time limit on how long a process server can hold a case
- The deadline by which service must be completed to preserve the plaintiff's claim (Correct answer)
- The maximum number of service attempts allowed by law
- The time a defendant has to appear after being served
Correct answer: The deadline by which service must be completed to preserve the plaintiff's claim
Failure to serve defendants before the statute of limitations expires — or by a court's service deadline — can result in the claim being time-barred and the case dismissed.
Question 2: Under the Federal Rules of Civil Procedure, how many days does a plaintiff generally have to serve a defendant after filing a complaint?
- 30 days
- 60 days
- 90 days (Correct answer)
- 120 days
Correct answer: 90 days
FRCP Rule 4(m) provides a 90-day window for service of process after the complaint is filed in federal court, subject to court extension for good cause.
Question 3: What does it mean to 'describe' the person served on an affidavit of service when substituted service is used?
- Attach a photograph of the defendant to the affidavit
- Record physical characteristics such as approximate age, height, weight, gender, and race/ethnicity (Correct answer)
- Obtain the person's driver's license number
- Have the person sign the affidavit acknowledging receipt
Correct answer: Record physical characteristics such as approximate age, height, weight, gender, and race/ethnicity
When substituted service is used, the affidavit should include a physical description of the person who accepted the documents to help establish that they were a suitable person.
Question 4: A process server is instructed to serve a defendant at a gated community where entry is restricted. What is the appropriate approach?
- Force entry through the gate to complete service
- Contact the attorney to seek a court order for alternative service after documenting failed attempts (Correct answer)
- Serve the gate security guard as a substitute
- Leave the documents with the homeowners association office immediately
Correct answer: Contact the attorney to seek a court order for alternative service after documenting failed attempts
If access is prevented, the server should document the restriction and attempts made, then work with the attorney to petition the court for alternative service authorization.
Question 5: Which of the following is an example of 'sewer service,' which is illegal and unethical?
- Serving documents at a sewage treatment facility
- Falsely claiming service was completed when it was not (Correct answer)
- Serving a defendant who works in utilities
- Serving documents in a location without indoor plumbing
Correct answer: Falsely claiming service was completed when it was not
Sewer service refers to the fraudulent practice of claiming service was made when documents were never actually delivered, effectively 'throwing them down the sewer.'
Question 6: When a process server cannot determine whether a person at the defendant's address is a resident, what is the best practice?
- Assume they are a resident and complete substituted service
- Ask the person directly if they reside at that address and document their response (Correct answer)
- Skip the attempt and try again another day without documenting
- Immediately request court permission for service by publication
Correct answer: Ask the person directly if they reside at that address and document their response
Asking the person whether they reside at the address and documenting their answer — whether yes or no — protects the integrity of the service attempt and the server's affidavit.
Question 7: What is 'long-arm jurisdiction' as it relates to service of process?
- The court's authority to serve defendants outside the filing state based on their contacts with that state (Correct answer)
- A special process server certification for multi-state service
- The extended deadline for service in complex litigation
- Federal rules that supersede state service requirements
Correct answer: The court's authority to serve defendants outside the filing state based on their contacts with that state
Long-arm statutes allow a state's courts to assert jurisdiction over out-of-state defendants who have sufficient minimum contacts with that state, enabling service outside the forum state.
CLPS Service of Process 4
What is the 'statute of limitations' concern most relevant to service of process?