Investigation Services Electronic Countermeasures

1. ASTAI 7263 Maple Place, Suite 203 Annandale, Virginia 22003-3004 703-916-8411 Office 703-916-8412 Fax Email: joseph@astai.us Web: www.astai.us • Investigation Services Electronic Countermeasures • Locate Missing PersonsPersonal Security & Protection • Skip-Tracing ServicesPersonal Injury Investigations • Private Process ServicePre-Employment Screening • Criminal & Civil SearchesVehicle & Driving Searches

2. Service of Process 1. Procedure 2. Methods 3. Statute

3. Procedure Once an action is started, due process of the law must occur to have any Court of jurisdiction enforce such matters, first the defendant must be given notice. This is the giving of the necessary paperwork to any party in the caption.

4. Personal Service Residence Service Mail Service Fax & Electronic Service Publication Service Method

5. Method Personal Service This is when a Deputy Sheriff or Special Process Server personally and physically delivers the petition and summons to the Defendant.

6. Method Residence Service This is when the petition and summons are delivered to the residence or place of business of the Defendant and left with someone authorized by law to receive service for the Defendant. To include Posting.

7. Method Mail Service Many types of lawsuits can be served by sending them to the Defendant via certified mail, overnight delivery, priority mail, commercial courier service, or other reliable personal delivery service as long as there is a written or electronic receipt provided.

8. Method Fax and Electronic Service Some paperwork may be served by sending it through facsimile transmission or through email. For example, notices of hearings and garnishments are frequently serviced through e-service.

9. Method Publication Service When a Defendant cannot be found after a diligent search, publication service may be authorized by the Court. Posting in a newspaper.

10. Service of Process is required by the doctrine of due process of law and is an absolute necessity in each and every case.

11. Statutes 1. McCoy v. Hickman 15 A.2nd 427 (1940) 2. Safeway V. Ramirez 409 P.2d 292 (1965) 3. Lane v. Elco Industries 656 P.2d 650 (1982) 4. Hirch v. National Van Lines 666 P.2d 49 (1983) 5. Cuomo v. Cuomo 533 N.Y.S.2d 940 (1988) 6. McWherter v. CBI Services 153 F.R.D. 161 (1994)

12. Legal Research Reading the Law “or” means there are alternatives “and” means sequence, more “may” means discretion “shall” means no discretion

13. What does it mean? Just what it says!

14. Sources of Law • Case Law • Common Law • Ordinances • State Constitution • State Rules & Regulations • State Statutes

15. Sources of Law • U.S. Constitution • U.S. Federal Rules & Regulations • U.S. Federal Statutes

16. Sources of Law Other Courts: • Municipal Courts • Bankruptcy Courts • Tax Courts • Administrative Courts • Military Courts

17. First Circuit: Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island Second Circuit: Connecticut, New York, and Vermont Third Circuit: Delaware, New Jersey, Pennsylvania, and the Virgin Islands Fourth Circuit: Maryland, North Carolina, South Carolina, Virginia, and West Virginia Fifth Circuit: Louisiana, Mississippi, and Texas Sixth Circuit: Kentucky, Michigan, Ohio, and Tennessee Seventh Circuit: Indiana, Illinois, and Wisconsin Eight Circuit: Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota Ninth Circuit: Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington Tenth Circuit:: Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming Eleventh Circuit: Alabama, Florida, and Georgia Twelfth Circuit: District of Columbia Organization of Courts

18. Organization of Courts State Court System There are fifty state court systems. One for each state. Here matters relating to state laws can only be heard.

19. Organization of Courts Federal Court System The Federal system only concerns itself with issues involving federal law.

20. JB Investigations & Security Services 7263 Maple Place, Suite 106 Annandale, Virginia 22003-3004 703-916-8411 Office 703-916-8412 Fax Email: joseph@jbissi.info Web: www.jbissi.info The End • Investigation Services Electronic Countermeasures • Locate Missing PersonsPersonal Security & Protection • Skip-Tracing ServicesPersonal Injury Investigations • Private Process ServicePre-Employment Screening • Criminal & Civil SearchesVehicle & Driving Searches

21. Review Questions 1. Why is it necessary to formally serve the Defendant with a Summons and copy of the Petition or Complaint? 2. How closely must the requirements of statutes on service of process be followed?

22. Review Questions 3. Is service of process valid when the Complaint & Summons are left at the last known address of the defendant, but they actually do not live there? 4. What is the purpose of service of process?

23. Review Questions 5. What is the purpose for requiring a Plaintiff to serve a Defendant with process within a specified time period after the lawsuit has been filed? 6. When is a Plaintiff entitled to a default judgment against the Defendant?

24. Review Questions 7. Can a default judgment be entered against the Defendant who has not been served properly with process, but only because he or she has knowingly interfered with attempts at service and thereby prevented service from being effectuated or accomplished?