PS 101 – Chapter 9 – Article 1.3 – How to Serve

PS 101 C9 A1.3 Q1
Whenever an issue appears to be addressed by two court rules or statutes, the more general statute prevails.

PS 101 C9 A1.3 Q2
Approximately 90% of the documents that process servers deal with on a daily basis fall under the broad heading of original process.

PS 101 C9 A1.3 Q3
Which of the following is the best example of an original process document?

PS 101 C9 A1.3 Q4
Joe is delivering subsequent pleading documents to Steve's attorney. When he gets to the attorney's office he finds it open but there is no one in the front office. Rather than waiting for someone to come out front, Joe leaves the documents in the middle of the receptionist's desk and then leaves the office headed for his next stop. Is Joe's "service" valid?

PS 101 C9 A1.3 Q5
When subsequent pleadings are served by mail it is important to remember that service is not considered complete until:

PS 101 C9 A1.3 Q6
If the 3rd day following the mailing of subsequent process falls on a weekend or holiday then the service is not considered complete until the next business day.

PS 101 C9 A1.3 Q7
Service is based on presentation and not on acceptance.

PS 101 C9 A1.3 Q8
Joe has papers to serve on Steve. He goes to the address provided, knocks on the door and a man answers. Joe confirms the man at the door is Steve, he states that he is there to serve a Summons and Complaint, and he hands the papers over to Steve. Does this represent an ideal variation of personal service?

PS 101 C9 A1.3 Q9
Before drop serving a document on someone what criteria must be met:

PS 101 C9 A1.3 Q10
The Reasonable Person Rule dictates that a reasonable person would understand and realize they  are being served.

PS 101 C9 A1.3 Q11
Joe arrives at Sally's home with documents to serve. After knocking on the door Joe hears a woman talking to him through a window next to the door. He confirms that she is Sally and explains why he is there. She informs him that she has a broken leg and that getting to the door is difficult and painful. Sally tells Joe he can leave the papers between the screen door and the main door for her husband to get later. Is service on Sally accomplished if Joe follows these instructions?

PS 101 C9 A1.3 Q12
There is no danger in performing an instructed service; they always hold up in a court of law.

PS 101 C9 A1.3 Q13
Abode service is accomplished when the documents are left at the target's usual place of abode with a person of suitable age and discretion, who resides there with the target.

PS 101 C9 A1.3 Q14
For abode service of a summons and complaint to be accomplished, the co-resident must be a relative of the target.

PS 101 C9 A1.3 Q15
You're serving a summons and complaint at 123 Main St, Anytown, WA. The target is John Smith. You knock on the door and it is answered by Tara Smith, a teenage daughter of Mr. Smith. You ask if John Smith lives there and she says he does. You ask if she also lives there and she says she does. You ask her age. What is the minimum age she can be where you can leave the documents with her and obtain a valid service on John Smith?

PS 101 C9 A1.3 Q16
Non-judicial documents are often served by posting them on the property.

PS 101 C9 A1.3 Q17
When completing a mailing for a service, which of the following is an acceptable place to put the envelope?

PS 101 C9 A1.3 Q18
Joe is attempting to serve John Smith with a summons and complaint. He arrives at Smith's home and knocks on the door. A young man answers the door. You ask him his age and he says he is 16 years old. You ask if he lives there with John Smith and he says he does. You ask if he is Mr. Smith's son and he says that he is. You ask his name and he says his name is Johnny. While speaking to this young man you notice he has the facial appearance common to people suffering Down syndrome. You ask him when his parents will be home and he says he doesn't know. What should you do?