LAW 521-002 – Civil Procedure I
Personal service (someone hading to the defendant in person) is a classic form of notice that is always ok.
Mere gesture is not sufficient; it must seek to actually inform parties.
Publication is okay only if it is not reasonably possible or practical to give more adequate warning.
Rule 12(b)(4) & (5) permit dismissal for lack of process or lack of service of process.
- Lack of process means some defect in the paperwork
- Lack of service of process means some defect in the way it was served
Defendants have 30 days to respond to a waiver.
Statute of limitations does not stop until service, so don't try a waiver request if it's close.
Can't ask US Government for a a waiver—must serve both US Attorney and US Attorney General, but they always receive 60 dyas to answer.
There are a lot of complicated rules for how to do the summons form and stuff, but I doubt that's important, right?