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In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal.
Suitable age and discretion is both a legal definition of maturity (and by contrast immaturity), [1] and an alternate method of service of process by which a process server can leave a summons, subpoena, or complaint with a person living at the residence of the defendant.
The federal courts will apply the common law rule of attorney–client privilege unless there is an intervening state law applying to the central issues of the matter. In those cases, the federal court uses the effective state law. [30] [31] Physician–patient privilege is usually statutorily defined, and can vary from state to state. The ...
The Federal Rules of Civil Procedure provides that upon filing of a complaint the clerk of the court must forthwith issue a summons and deliver the summons to the plaintiff or the plaintiff's attorney who is responsible for the prompt service of the summons and a copy of the complaint. (FRCP 4) The Federal Rule is not concerned with the ...
An administrative subpoena under U.S. law is a subpoena issued by a federal agency without prior judicial oversight. Critics say that administrative subpoena authority is a violation of the Fourth Amendment to the United States Constitution, while proponents say that it provides a valuable investigative tool. [1] [2]
The Rules, established in 1938, replaced the earlier procedures under the Federal Equity Rules and the Conformity Act (28 USC 724 (1934)) merging the procedure for cases, in law and equity. The Conformity Act required that procedures in suits at law conform to state practice, usually the Field Code or a pleading system based on common law .
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Typically subpoenas are issued "in blank" and it is the responsibility of the lawyer representing the party (plaintiff or defendant) on whose behalf the testimony is to be given to serve the subpoena on the witness. If a witness is reluctant to testify, then the personal service of subpoena is usually required with proof of service by non-party ...