Quiz 3: Court Procedures

Business

Proof of Service: • The case Cruz v. Fagor America, Inc. 52 Cal.Rptr.3d 862 (2007) discussed proof of service regarding foreign persons. In order for mailing and obtaining proof of service to be valid on a person outside the states the service must be mailed according to the relevant State Statute. Also, actual delivery to the authorized person to be served can be shown by a signed return receipt or other evidence. • Additionally, valid service is proven through a proper affidavit that informs the questioning body that the plaintiff has completed all acts necessary to effect service. So long as the envelope is directed to the person to be served, it is a proper affidavit. • Also, as long as the person who signs for delivery are authorized to do so, the authorized signature is sufficient to establish actual delivery for purposes of proof of service.

Discovery rules: Work-product refers to work created with an eye toward impending litigation. Attorneys should have a certain degree of privacy to devise their strategy and approach to the case. The trial process is adversarial. It is important that each lawyer can protect his ideas from opposing counsel.

Multiple Process Serving: • So long as the plaintiff has proof that a defendant has received summons and a copy of the complaint through service of process, the defendant should not be placed in the position to seek more than one proof of service on the defendant. • Once a defendant has notice of an action, s/he may make a concerted effort to avoid another service if that becomes the standard process. • That would put an undue burden on the plaintiff for time and cost in order to duplicate a required effort. • Hence a plaintiff should not be required to serve a defendant more than once.

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