CLPS State Laws & Regulations Governing Process Serving 3

Question 1

Which of the following best describes 'nail and mail' service?

Accepted Answer

Affixing a copy to the defendant's door and mailing a copy

Answer

'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?

Accepted Answer

Service may be made on the secretary of state

Answer

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?

Accepted Answer

To pause the statute of limitations while service is being attempted

Answer

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?

Accepted Answer

Submit the foreign subpoena to the clerk of court in the state where service will occur

Answer

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?

Accepted Answer

The county circuit court clerk within 10 days

Answer

Illinois registered process servers must notify the county circuit court clerk of any address change, typically within 10 days.

(CLPS) Certified Legal Process Server Practice Test

(CLPS) Certified Legal Process Server Practice Test

CLPS State Laws & Regulations Governing Process Serving 3