CLPS State Laws & Regulations Governing Process Serving 3 — Questions and Answers
Question 1: Which of the following best describes 'nail and mail' service?
- Mailing a copy and nailing it to a courthouse bulletin board
- Affixing a copy to the defendant's door and mailing a copy (Correct answer)
- Serving via certified mail with return receipt
- Posting notice in a newspaper and mailing to the last known address
Correct answer: Affixing a copy to the defendant's door and mailing a copy
'Nail and mail' refers to affixing the summons to the defendant's door and also mailing a copy, used when personal and substituted service have failed.
Question 2: A state statute requires service on a corporation to be made on its 'registered agent.' If no registered agent is listed, what is typically the next step?
- Service cannot be made and the case must be dismissed
- Service may be made on the secretary of state (Correct answer)
- Service may be made on any employee at the corporate office
- Service must be attempted by publication only
Correct answer: Service may be made on the secretary of state
When a corporation has no registered agent on file, most states allow service to be made on the Secretary of State as a statutory agent.
Question 3: What is the primary purpose of a state's service of process statute of limitations tolling provision?
- To extend the deadline for filing a lawsuit
- To pause the statute of limitations while service is being attempted (Correct answer)
- To limit the number of service attempts allowed
- To set the maximum fee a process server may charge
Correct answer: To pause the statute of limitations while service is being attempted
Tolling provisions pause the running of the statute of limitations during periods when service is actively being attempted, protecting plaintiffs from losing their claims.
Question 4: Under the Uniform Interstate Depositions and Discovery Act (UIDDA), what must a process server do before serving a subpoena from another state?
- Obtain a private investigator's license in the serving state
- Submit the foreign subpoena to the clerk of court in the state where service will occur (Correct answer)
- Get written approval from the issuing court
- Serve copies on all parties to the case first
Correct answer: Submit the foreign subpoena to the clerk of court in the state where service will occur
The UIDDA requires that the out-of-state subpoena be submitted to the clerk of the court in the state where service is to occur, who then issues a local subpoena.
Question 5: In Illinois, a registered process server who moves to a new address must notify which authority?
- The Illinois Supreme Court within 30 days
- The county circuit court clerk within 10 days (Correct answer)
- The Illinois State Police within 60 days
- No notification is required
Correct answer: The county circuit court clerk within 10 days
Illinois registered process servers must notify the county circuit court clerk of any address change, typically within 10 days.
Question 6: Which doctrine holds that a court may exercise personal jurisdiction based on service of process within its borders, regardless of the defendant's domicile?
- Minimum contacts doctrine
- Tag jurisdiction (transient jurisdiction) (Correct answer)
- In rem jurisdiction
- Quasi-in-rem jurisdiction
Correct answer: Tag jurisdiction (transient jurisdiction)
Tag jurisdiction allows a court to assert personal jurisdiction over a defendant who is physically served with process within the state, even if they do not reside there.
Question 7: A process server in Georgia is asked to serve a foreign national who is visiting the U.S. temporarily. Which statement is most accurate?
- Foreign nationals cannot be served with U.S. civil process
- The Hague Service Convention must always be used for foreign nationals
- Service may be made personally on a foreign national present in Georgia (Correct answer)
- A federal court order is required before serving foreign nationals
Correct answer: Service may be made personally on a foreign national present in Georgia
A foreign national physically present in Georgia can be served personally under state rules; the Hague Convention applies when serving someone abroad, not when they are present in the U.S.
CLPS State Laws & Regulations Governing Process Serving 3
Which of the following best describes 'nail and mail' service?