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Mullane (Notice) (Constitutional Aspect) SOP "reasonably calculated" under all circumstances to reach the parties to inform them of the action and afford them an opportunity to present their objections
Notice via Public "OK" When... 1. suit in interest of absentees 2. adequate representation 3. value of indiv. interest not too great
Notification by FirstClass mail required when... names/address readily available
National Dev. Co. (Notice) (Statutory Aspect) FCRP 4: 1. personal ; 2. @ dwelling house or usual place of adobe w/ person of suitable age & discretion that resides there; 3. agent
Gumprez fraud may be used to "flush out an evading D already w/in forum
Waiver of SOP [FCRP 4(d)] D can waive; 60 days to respond after P sends waiver form (vs. 20 days after formal SOP on D)
SOP on Corp./Assoc. [FCRP 4(h)(1)] Officers; Managing/general Agent; Agent auth. by appt. or law to receive SOP
Special Appearance allows D to appear to contest PJ only. If D bring up anything else = general appearance. Fed. Ct. does NOT have special appearance (it has 12(b) motions).
FCRP 12(b) Defenses 1. Lack of SMJ; 2. Lack of PJ; 3. Improper Venue; 4. Insufficient process; 5. Insufficient SOP; 6. Failure to State Claim; 7. Failure to join Rule 19 party
Waivable FCRP 12(b) Defenses PJ, Venue, Process, Insufficient SOP - must be assert by motion (w/ or w/o other defenses) or answer
Direct & Collateral Attacks Direct: participate in suit Collateral: attack enforcement of judgment; can't relitigate merits of case though
Created by: r14me