SOP General
What is Service of Process?
The formal notification of a lawsuit; or the formal request for documents and testimony from an individual or entity.
What is "Personal Service Only"?
Service of only the named person; no sub-service
How can you tell a subpoena is for a criminal case?
The plaintiff is always "The State of Florida"
Who usually accepts service for insurance companies?
The Florida CFO
Under what set of statutes is Service of Process described in Florida?
What is substituted service (sub-service)?
Serving one person in place of another
What is a registered agent?
A person or entity authorized to receive service of process for another entity
What are the two types of documents that can be posted per Florida law?
2) Evictions summonses
When serving a city, who accepts the service?
It goes to the Mayor first, then to the City Council head, then to the in-house attorney, then to another manager/department head or an employee.
Under what set of rules (number) would a Federal Summons be served?
What is FRCP Rule 4?
If serving at a home, who is allowed to accept the service?
The individual named or a household member at least 15 years old
At what time is a registered agent required to be available?
10AM-12PM on weekdays (except holidays)
If we are serving a criminal witness subpoena for appearance before a judge, how many times must we attempt before posting?
Three
If we are serving the State of Florida, who does the service go to?
To the State Attorney/Assistant State Attorney's office for the circuit in which the case is filed.
Under what set of rules would a Federal Subpoena be served?
What is FRCP Rule 45?
When is it okay to sub-serve outside of the home?
When serving a spouse
What is the one type of business that is NOT required to have a registered agent?
Partnerships
What is a Lis Pendens?
A notice of a lawsuit concerning the title or claimed interest of a property
If serving a Federal employee in an official capacity, who does the service go to?
To the US Attorney for the district in which the case is filed.
What is the overall purpose of service of process?
To bring someone under jurisdiction of the court
How would we serve someone considered "Incompetent"?
By serving two copies of the process on either their guardian or the person in charge of their care.
When is it appropriate to serve a corporate summons on the employee in charge during normal business hours?
When serving a general or limited partnership
What is the rule for serving an eviction summons on an "Unknown Party in Possession"?
Must attempt at least (3) times: during business hours, during non-business hours, Saturday. If no contact, we can post. If service is completed during one of the attempts, server should inquire as to ALL people residing in the house and post a second copy before leaving.
What are the three reasons a law enforcement agency may refuse service on one of its officers?
1) No longer employed
2) Not working at least (1) regular shift prior to the appearance date
3) Date of service is less that (5) business days from the appearance date