CLPS Service of Process 4

Question 1

What is the 'statute of limitations' concern most relevant to service of process?

Accepted Answer

The deadline by which service must be completed to preserve the plaintiff's claim

Answer

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?

Accepted Answer

90 days

Answer

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?

Accepted Answer

Record physical characteristics such as approximate age, height, weight, gender, and race/ethnicity

Answer

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?

Accepted Answer

Contact the attorney to seek a court order for alternative service after documenting failed attempts

Answer

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?

Accepted Answer

Falsely claiming service was completed when it was not

Answer

Sewer service refers to the fraudulent practice of claiming service was made when documents were never actually delivered, effectively 'throwing them down the sewer.'

(CLPS) Certified Legal Process Server Practice Test

(CLPS) Certified Legal Process Server Practice Test

CLPS Service of Process 4