CIVIL PROCEDURE CASE SCENARIO
QUESTIONS AND ANSWERS 2024/2025
UPDATE
1. A motorist from State A struck and injured a pedestrian in
State B. The pedestrian, a State B resident, brought an action in a
State B federal court against the State A motorist, seeking
$100,000 in damages. The summons and complaint were served
on a receptionist at the motorist's place of business in State A.
State A's rules permit service of process in this manner, while
State B's rules do not.
If the motorist moves to dismiss the complaint on the basis of
improper service of process, is the court likely to dismiss the action?
No, because the federal rules permit service under the rules of the
state in which service will be effected.
Rule 4 allows for:
(i) personal service,
(ii) service left at the defendant's usual place of abode with one of
suitable age and discretion residing therein, or
(iii) service upon an authorized agent of the defendant.
Alternatively, service may be made as provided by the rules of the state
in which the federal court sits or the state in which service is to be
affected, regardless of the basis of subject matter jurisdiction.
2. Rule 4: Service of Process: Rule 4
allows for: (i) personal service,
(ii) service left at the defendant's usual place of abode with one of
suitable age and discretion residing therein, or
(iii) service upon an authorized agent of the defendant.
QUESTIONS AND ANSWERS 2024/2025
UPDATE
1. A motorist from State A struck and injured a pedestrian in
State B. The pedestrian, a State B resident, brought an action in a
State B federal court against the State A motorist, seeking
$100,000 in damages. The summons and complaint were served
on a receptionist at the motorist's place of business in State A.
State A's rules permit service of process in this manner, while
State B's rules do not.
If the motorist moves to dismiss the complaint on the basis of
improper service of process, is the court likely to dismiss the action?
No, because the federal rules permit service under the rules of the
state in which service will be effected.
Rule 4 allows for:
(i) personal service,
(ii) service left at the defendant's usual place of abode with one of
suitable age and discretion residing therein, or
(iii) service upon an authorized agent of the defendant.
Alternatively, service may be made as provided by the rules of the state
in which the federal court sits or the state in which service is to be
affected, regardless of the basis of subject matter jurisdiction.
2. Rule 4: Service of Process: Rule 4
allows for: (i) personal service,
(ii) service left at the defendant's usual place of abode with one of
suitable age and discretion residing therein, or
(iii) service upon an authorized agent of the defendant.
