Exam 5: Filing the Lawsuit, Service of Process, and Obtaining a Default Judgment

How is federal service of an in-state corporation accomplished?

Obtain fee schedules for the federal, state, and local courts, including fees for service of process and the person to whom such service fees should be paid, as well as fees for the filing of subsequent pleadings and motions. If so directed by your instructor, contact the appropriate clerk of court for this information. Place the fee schedules in your systems folder with a reminder to update the information periodically.

To whom is the request for entry of default judgment submitted?

What is the best method of determining which documents and how many are needed to properly file a civil lawsuit?

Research your state counterpart to Rule 4(a) of the Federal Rules of Civil Procedure. Identify the number of the state rule and prepare a concise list of the content requirements for a valid summons in your state court. Place this in your systems folder.

Outline the process of filing the lawsuit.

What cautions apply when seeking default judgments against multiple defendants?

The Freedom of Information Act can help you obtain a defendant's forwarding address from the Post Office.

U.S. Senators are immune from service of process.

Memo to: Terry Salyer, Paralegal From:       Isadora Pearlman Subject:     Research Completion Date: Three days from today Issue:       What are the necessary minimum contacts required by our            state statute to gain jurisdiction over a foreign corporation?          Over a nonresident tortfeasor? Over an Internet marketer? Task:       Prepare a short memorandum on the state and constitutional          law on this subject. Guidelines:    Check the annotated state statutes under “long-arm statutes,”          “foreign corporations,” and “non-resident tortfeasors” for             case law. Also try the state digest under similar key             phrases. Since the state’s long-arm statute affects both our            federal and state court, decisions in both jurisdictions are            helpful. See the section on researching and drafting a             memorandum of law in Chapter 6.