Service of Process:
Finding the circumstances for service via e-mail proper:
• In order for the process of service to be valid when serving a foreign company e-mail may be used only under certain conditions. The court may direct the plaintiff to use e-mail in the compliance with due process as long as it is a reasonably calculated means of informing the party wherein the party has an opportunity to present their objections. The court noted that the use of e-mail has limitation that should be balanced against the benefits on an individual case-by-case basis.
• In this case the plaintiffs exhausted all alternate means of serving the defendant including the address used to register the defendant's domain and through the defendant's lawyer. Following those attempts the plaintiff made a diligent search for the defendant in the defendant's native country. At this point the only means left was to use the defendant's website e-mail contact information.
• Upon further investigation by the court, it was found that while an e-mail address was available, the domains connected to the defendant were no longer running. In light of that information it would not be reasonable to use the defendant's e-mail address because if they are connected to one or both of the defunct websites, the e-mail may not be received by the intended party.
• Alternately, the court may allow service by e-mail when there is verified e-mail correspondence between the plaintiff and the defendant.
The motion for pleadings was made to ask the court to decide the issue only on the basis of pleadings without proceeding to the trial. This motion was made when all the pleadings will be closed and judge will grant the motion when he will be satisfied that there is no further dispute on the question of fact and now sole issue is on the question of law.
Motion for direct verdict made by the judge to the jury to return to particular verdict when a judge find that no particular jury would reach to the decision contrary to the earlier decision.
Motion for summary judgment was filed by the either party to ask the court to enter summary judgment in his favor without any trial. It can be supported by evidence.
Motion for judgment n.o.v (not withstanding the verdict) is filed when the judge does not withstand the verdict of jury or where judge believes that law was not properly applied in the trial court. In this motion, judge can amend or reverse the judgment of the trial court or jury.
Motion for summary of direct judgment would be appropriate if the defendant claimed that the only issue between the parties was a question of law.
Service of process means providing the other party with legal notice, a copy of paperwork that is filed with the court in order to start inform that person that the legal process has started.
In case of RD v. Rsg, the corporation was served properly because the corporation was solely created by WK and he was the owner of the corporation however the service of process was made to RJohnson and not to WK because he was not identified as a corporate officer who is authorized to accept service for the corporation.
In order to serve a corporation it is very important to serve the right person and write the exact name of the business and the person to be served. A domestic or foreign corporation, or a partnership or other unincorporated association that is subject to suit under a common name, must be served in a judicial district of the UnSts and at a place not within any judicial district of the UnSts.
• In a judicial district of UnSts
• A corporation may be served following state law in an action brought in courts of general jurisdiction in the state where the district court is located or where service is made
• An officer, managing or general agent or any other agent who is authorized by appointment or by law to receive a service process should be delivered a copy of the summons. Mailing a copy of each to the dependent can also be done if the agent is authorized by statute
• At a place not within judicial district of the UnSts
• A corporation may be served by any internationally agreed means of service that can give notice
• If there is no internationally agreed means or if there is no specific means in international agreement, then a corporation is served
• by the law of the foreign country in an action in its courts of general jurisdiction,
• by the foreign authority which guide in the response to a letter rogatory or letter of request, or
• Unless restricted by the foreign country's law for sending any form of mail to the clerk addresses which requires a signed receipt.
• By any means that is not prohibited by international agreement as per the court orders