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Notice
Question | Answer |
---|---|
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 |