Also known as: insufficient service · insufficiency of service of process · defective service of process · improper service
Written by attorneys · grounded in primary & secondary sources — see below
A ground for dismissal asserting that the plaintiff failed to deliver the summons and complaint to the defendant by a method permitted under the applicable rules of civil procedure. The defect prevents the court from exercising personal jurisdiction over the defendant until proper service occurs.
Ines Ibarra filed a federal diversity action against Ivan Ivanov alleging breach of contract. Ines personally handed the summons and complaint to Ivan outside his office. Ivan specially appeared and moved to dismiss. The court granted the motion because service by a named party is defective even though Ivan received the papers.
Iain Irons sued federal officials in a damage action and effected service by certified mail sent beyond the district. The defendants moved to dismiss for insufficient service of process. The court examined whether the mailing complied with the special venue statute's service provisions before addressing the motion.
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Any person who is at least eighteen years old and is not a party may serve process. Service by a named plaintiff is defective even if the defendant actually receives the papers.
Yes. When a valid Federal Rule of Civil Procedure addresses service of process, that rule controls even if state law imposes a different requirement.
Defects such as an omitted clerk signature, misnaming of parties, or an impossible response deadline render the summons invalid and are challenged under Rule 12(b)(4).
No. Actual notice does not excuse formal defects that render service or process insufficient under the rules.
…Hunter filed the instant suit against Offshore, among others, on November 19, 2007. Offshore filed a motion to dismiss for insufficiency of service of process on June 19, 2008. That motion contained the following language in its second paragraph: "None of these Defendant Movants submits to the jurisdiction of this Court. Defendants expressly…