CLPS Substituted Service 4 — Questions and Answers
Question 1: A defendant maintains two residences. For substituted service, the process server should serve at:
- Both residences simultaneously
- Either address, but the server must document which was used (Correct answer)
- Only the primary residence listed on the complaint
- The residence closest to the courthouse
Correct answer: Either address, but the server must document which was used
Service at either known residence can be valid, but the server must document precisely which address was used in the affidavit of service.
Question 2: Which standard must a process server meet when describing 'reasonable diligence' in attempts before substituted service?
- At least one attempt on any day of the week
- Multiple attempts at different times of day and days of week (Correct answer)
- Three attempts all made before noon
- Two attempts on consecutive business days
Correct answer: Multiple attempts at different times of day and days of week
Reasonable diligence typically means attempting service at varied times and days to maximize the chance of finding the defendant at home or work.
Question 3: Under the Federal Rules of Civil Procedure, substituted service on an individual is governed primarily by:
- Federal common law only
- The law of the state where service is made or the state where the district court sits (Correct answer)
- A uniform federal substituted service statute
- The discretion of the presiding federal judge
Correct answer: The law of the state where service is made or the state where the district court sits
FRCP Rule 4(e) allows service by following state law for serving process in the state where the district court is located or where service is made.
Question 4: A process server leaves documents with a person who identifies themselves as the defendant's housekeeper at the defendant's home. This service is most likely:
- Valid if the housekeeper is an adult who appears to reside there (Correct answer)
- Valid regardless of whether the housekeeper lives there
- Invalid because household staff cannot accept service
- Valid only if the housekeeper provides a signed receipt
Correct answer: Valid if the housekeeper is an adult who appears to reside there
Most substituted service rules require the recipient to be an adult who resides at the dwelling; a non-resident housekeeper typically does not qualify.
Question 5: Which of the following actions would most likely cause a court to quash (invalidate) a substituted service?
- Serving during daytime hours on a weekday
- Leaving documents with an adult child who lives at the address
- Serving without first making any attempt at personal service (Correct answer)
- Mailing a copy the same day as the substituted delivery
Correct answer: Serving without first making any attempt at personal service
Courts will invalidate substituted service if the server failed to first demonstrate reasonable diligence through attempts at personal service.
Question 6: When serving a limited liability company (LLC) by substituted service, the most appropriate recipient is:
- Any member or employee present
- The LLC's registered agent or managing member (Correct answer)
- The state attorney general's office
- The plaintiff's attorney on the LLC's behalf
Correct answer: The LLC's registered agent or managing member
LLCs, like corporations, should be served through their registered agent or, if unavailable, a managing member designated to receive process.
Question 7: The phrase 'person of suitable age and discretion' in substituted service statutes refers to:
- Any adult over the age of 21 at the address
- An adult who appears capable of understanding the nature of the documents and delivering them (Correct answer)
- Only licensed adults such as attorneys or notaries
- Adults who have previously accepted legal service before
Correct answer: An adult who appears capable of understanding the nature of the documents and delivering them
'Suitable age and discretion' means the recipient appears mature enough to understand they have received legal papers and will pass them to the defendant.
CLPS Substituted Service 4
A defendant maintains two residences.
For substituted service, the process server should serve at: