Service of process and notice - Next Generation Bar Exam

1. Under Rule 4(d), what is the consequence of a domestic defendant's failure, without good cause, to waive service when requested?

   The defendant must pay the expenses of formal service, including attorney's fees for any motion to collect them. A defendant who timely waives receives 60 days from the request to answer.

2. Under Rule 4(h), how may a corporation be served in the United States?

   By delivery to an officer, a managing or general agent, or an agent authorized by appointment or law, or by state-law methods. If the agent is one authorized by statute, a copy must also be mailed to the defendant when the statute requires.

3. Under Rule 4(m), within what time after filing the complaint must a defendant be served?

   Within 90 days. The court must extend the time if the plaintiff shows good cause for the failure.

4. Under Rule 4(e), by what methods may an individual be served in a judicial district of the United States?

   Personal delivery, abode service on a resident of suitable age and discretion, an authorized agent, or state-law methods. State-law methods are those of the forum state or the state where service is made.

5. Under Mullane, what is the adequacy of notice by publication for persons whose names and addresses are known?

   It is inadequate; notice by mail or other means at least as certain is required. Publication may suffice only for persons whose interests or whereabouts cannot be determined with due diligence.

6. Under Mullane v. Central Hanover Bank, what standard does due process impose on notice of a lawsuit?

   Notice reasonably calculated, under all the circumstances, to apprise interested parties and give them a chance to object. The means used must be such as one desirous of actually informing the absent party might reasonably adopt.

7. Under Jones v. Flowers, what must the government do when mailed notice is returned unclaimed?

   Take additional reasonable steps to give notice, if practicable. Knowing that notice failed, the government cannot simply proceed as if it succeeded.

8. A plaintiff personally hands the summons and complaint to the defendant. What defect does the service have?

   Service was made by a party, which Rule 4(c)(2) prohibits. Service must be made by a nonparty who is at least 18 years old.

9. Under Rule 4(f), what is the first-listed method of serving an individual in a foreign country?

   An internationally agreed means, such as those authorized by the Hague Service Convention. Where a treaty applies, its procedures must ordinarily be followed.

10. Under Rule 4(c)(2), who may serve a summons and complaint?

    Any person who is at least 18 years old and not a party. On request, the court may order service by a marshal or other appointed person.

11. Under the rule followed in many jurisdictions, what protection does a nonresident have when in the forum solely to attend court proceedings?

    Immunity from service of process in an unrelated civil action. The immunity encourages witnesses and parties to attend proceedings voluntarily.

12. What is the validity of service obtained by fraudulently luring a defendant into the forum?

    It is invalid. Courts will not exercise jurisdiction obtained through fraud or trickery.

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