Describe how the summons and complaint generally are served, and explain alternative methods of service.?

Question

What will be an ideal response?

Answer 1

How service of process occurs depends on the rules of the court or jurisdiction in which the lawsuit is brought. Under FRCP 4(c)(2), service of process in federal court cases may be effected "by any person who is not a party and who is at least 18 years of age." A paralegal, for example, could serve the summons by personally delivering it to the defendant(s).Alternatively, a person could make arrangements for someone else to do so, subject to the approval of the supervising attorney. Many law firms contract with independent companies that provide process service in the local area. In some cases, the attorney might request that the court have a U.S. marshal or other federal official serve the summons. Under FRCP 4(e)(1), service of process in federal court cases may also be effected "pursuant to the law of the state in which the district court is located." Some state courts require the complaint and summons to be served by a public officer, such as a sheriff.Although the most common way to serve process on a defendant is through personal service, or actual delivery, as described previously, other methods are permissible at times, depending on the jurisdiction. Substituted service is any method of service allowed by law in place of personal service, such as service by certified mail, fax, or e-mail. Most states allow a process server to effect service by leaving a copy of the documents at the defendant's place of work, at his or her home address, or with someone else who resides in the home (such as a wife or an older child). In some circumstances, if the defendant cannot be physically located, the law may allow the process server to effect service by mailing a copy of the summons and complaint to the defendant's last known address and/or publishing a notice in the local newspaper. In other situations, delivering the documents to an authorized agent is sufficient. The paralegal and attorney thus need to know the types of service authorized by the laws of civil procedure in their own state.