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1. What are the four requirements for process to be valid and enforceable?
Correct Answer:
- 1) Must contain the seal of the court;
- 2) Must be signed by the person who served it;
- 3) Must contain required service information;
- 4) Must be served in the manner prescribed by law.
2. What are the two types of service of process? - Correct Answer: 1)
Actual, personal service; 2) Substitute or constructive service.
3. What is actual, personal service? - Correct Answer: When documents
are delivered to the named person and explained or read to them.
4. What constitutes substitute or constructive service? - Correct Answer:
Documents are given to someone other than the named person at their
home, or posted, mailed, or published if the named person is unavailable.
,5. Who is responsible for serving process in Florida? - Correct Answer: The
sheriff of the county where the named person is located.
6. What is the role of a special process server in Florida? - Correct Answer:
A special process server can serve process in the county of the appointing
sheriff and may charge a reasonable fee.
7. What can happen if a special process server violates their oath of office? -
Correct Answer: They may be guilty of a felony and permanently barred
from serving process in the state.
8. What is the Florida Certified Process Server Act? - Correct Answer: It
allows the chief judge of each judicial circuit to appoint certified process
servers according to statute and court rules.
9. What must be done if multiple defendants are named in the process? -
Correct Answer: Service must be had as to all of them for the court to
proceed against those named.
10.What was decided in Olin v. Haney regarding evasion of service? -
Correct Answer: If a person flees from the process server, delivery may be
satisfied by leaving papers where they can be retrieved and notifying the
person.
, 11.What did Henzel v. Noel establish about service of process? - Correct
Answer: Service was insufficient when documents were placed under a
door without evidence that the defendant was present or attempted to
evade service.
12.What is required for substituted service according to Sangmeister v.
McElnea? - Correct Answer: Service can be accomplished by leaving
copies of the summons with a family member over age 15 at the
defendant's home.
13.What did Couts v. Maryland Casualty Co. determine about service on a
mother-in-law? - Correct Answer: Service was not sufficient if the
mother-in-law was visiting and not living with the defendant.
14.What does Florida Statute § 48.20 state about service on Sundays? -
Correct Answer: Service on Sunday is void unless authorized by a trial court
judge under specific circumstances.
15.How are minors served in Florida? - Correct Answer: 1) Married minors
may be served like adults; 2) Minors with legal guardians must have the
guardian served; 3) All other minors are served through a parent or
guardian.
16.How is process served on state prisoners in Florida? - Correct Answer:
Process is served as on any other person, with the prison being considered
their usual place of abode.