Title 1
What is the "one form of action" described in Rule 2?
The civil action.
Who may serve a summons and/or complaint under Rule 4(c)(2)?
Any person who is at least 18 years old and not a party.
Fill in the gap: "If a defendant is not served within __ days after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must dismiss the action without prejudice".
How many days does a defendant in the U.S. have to answer a complaint after waiving service of process?
60 days according to the RULE 4 NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF SUMMONS.
How many rules are there in Title 1 of the FRCP?
Two.
How is a civil action commenced as described in Rule 3?
By filing a complaint with the court.
For claims arising under federal law, what two requirements must be met for personal jurisdiction to be satisfied under rule 4(k)(2)?
1. The defendant is not subject to jurisdiction in any state’s courts of general jurisdiction; and
2. Exercising personal jurisdiction is consistent with the United States Constitution and laws.
If a party is already represented by an attorney, can the party be served directly?
No, unless the court orders otherwise under Rule 5(b)(1).
What is the purpose of the FRCP as described in Rule 1?
To secure the just, speedy, and inexpensive determination of every action and proceeding.
When must a summons be filed with the court under Rule 4(b)?
During or after filing of the complaint.
How must service within the US be proved (if not served by US Marshall/Deputy Marshall) under Rule 4(l)(1)?
By the server’s affidavit.
If you assert a new claim against a defendant who already failed to appear, do you need to serve them again?
Yes, under FRCP Rule 5(a)(2)
Finish this sentence from Rule 1: "These rules govern the procedure in all civil actions and proceedings in..."
"...the United States district courts, except as stated in Rule 81."
What three (out of eight) things described in Rule 4(a)(1) are required for a court summons to be valid?
(A) name the court and parties;
(B) be directed to the defendant;
(C) state the name and address of the plaintiff’s attorney or—if unrepresented—of the plaintiff;
(D) state the time within which the defendant must appear and defend;
(E) notify the defendant that a failure to appear and defend will result in a default judgment against the defendant for the relief demanded in the complaint;
(F) be signed by the clerk; and
(G) bear the court’s seal.
What two ways can service be made to a state or local government under Rule 4(j)(2)?
(A) delivering a copy of the summons and of the complaint to its chief executive officer; or
(B) serving a copy of each in the manner prescribed by that state’s law for serving a summons or like process on such a defendant.
When will a defendant be required to pay the cost of service of process?
When they are located in the United States and fail to return a signed waiver of service requested by a plaintiff located in the United States, unless the defendant shows good cause for the failure.
What year was the most recent amendment added to FRCP Rule 1?
2015.
What does an authorization of "in forma pauperis" as described in Rule 4(c)(3) allow courts to do?
Order that service be made by a United States marshal or deputy marshal or by a person specially appointed by the court at no cost to the plaintiff.
When can a federal court use state law to assert personal jurisdiction and seize assets untouchable under federal law according to Rule 4(n)(2)?
If personal jurisdiction cannot be obtained in a district, despite reasonable efforts to serve a summons, assets may be seized under the circumstances and in the manner provided by state law in that district.
What is the difference between where a defendant can be served for civil contempt/an injunction vs. any other order in a civil contempt proceeding under Rule 4.1(b)?
An order committing a person for civil contempt of a decree/injunction may be served and enforced in any district. Any other order in a civil-contempt proceeding may be served only in the state where the issuing court is located or elsewhere in the United States within 100 miles from where the order was issued.