Also known as: in hand service · personal service
Written by attorneys · grounded in primary & secondary sources — see below
A method of serving legal process by physically handing the summons and complaint directly to the defendant.
Igor Ito agreed to provide exclusive consulting services to Ironwood Capital under a five-year personal-services contract. When Ito stopped performing, Ironwood filed suit seeking to compel his continued work and caused a process server to deliver the summons and complaint directly to Ito at his home. The court declined to order specific performance of the personal-services obligation.
Ingrid Innes served as trustee of a common trust fund with hundreds of beneficiaries whose addresses were known. The trustee arranged for in-hand delivery of the accounting petition and notice to every identifiable beneficiary rather than relying solely on publication. The court approved the accounting after confirming that the known parties had received direct personal service.
Select any source to read its text and confirm it supports the definition.
Ines Ibarra signed an agreement to render personal services solely to Innovate Pharmaceuticals. After Ibarra accepted a position with a competitor, the company sought an injunction barring her new employment and effected in-hand service of the motion papers at her residence. The court refused the injunction because enforcement would compel continuation of undesirable personal relations.
Israel Irving sued Insight Consulting in federal court under diversity jurisdiction. A process server located Irving at his temporary hotel in the forum state and completed in-hand delivery of the summons and complaint. The court held that the federal rule governed service and that the action could proceed.
India Inoue, domiciled in State N, visited State O for a family reunion. A process server approached her in the hotel lobby and performed in-hand service of a State O summons and complaint arising from a State N lease dispute. The court exercised personal jurisdiction over Inoue on the basis of that service alone.
Ira Irving owned shares in a Delaware corporation but resided in another state. Plaintiffs filed a derivative action in Delaware and arranged for in-hand service on Irving while he attended a board meeting in the forum. The court rejected jurisdiction because the mere presence of property in the state did not satisfy due process for an unrelated claim.
Yes. Traditional transient or tag jurisdiction permits a state court to exercise in personam jurisdiction over an individual who is personally served with process while voluntarily present in the forum state, regardless of whether the claim arises from the defendant's activities there.
Supporting sources
Yes. Direct personal delivery satisfies due process because it is reasonably calculated to inform the defendant of the action and provides an opportunity to be heard.
Supporting sources
Yes. A promise to render personal service will not be specifically enforced, so the court will not order the defendant to perform the services despite proper service of process.
Supporting sources
…authorizes appellee Commissioner to issue an order and notice of assessment of delinquent contributions upon prescribed personal service of the notice upon the employer if found within the state, or, if not so found, by mailing the notice to the employer by registered mail at his last known address. That section also…