1L Civ Pro Notice Basics (Rule 4)

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1L Civ Pro Notice Basics (Rule 4)
2011-08-30 18:20:36
1L Civ Pro Notice Basics Rule

Civ Pro Notice Basics (Rule 4)
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  1. Due Process imposes 2 conditions:
    • a) Adequate notice of the
    • commencement of the action and the issues involved in it

    • b) Parties must have
    • an adequate opportunity to
    • present their side of the case to
  2. What is the Mullane standard for notice?
    • notice
    • must be reasonably calculated under
    • all the circumstances, to appraise interested parties of the pendency of
    • the action and afford them an opportunity to present their objections. The
    • notice must be of such nature as reasonably to convey the required information
    • and it must afford a reasonable time of those interested to make their
    • appearance”.
  3. How does the Court determine "reasonable" notice
    • a) Balance analysis of
    • Court to determine “reasonable” notice:

    • i) Court balances state costs and interest
    • against individual interest… to prevent overwhelming burden

    • ii) The method most
    • likely to succeed to give notice is NOT required.
  4. 2 classes of individuals distinguished for reasonable notice:
    • i) Person missing or unknown: “interest
    • of whereabouts could not with due diligence be ascertained”

    • (1) Constructive notice is sufficient…b/c burden too high for actual
    • notice

    • ii) Known/Available to be Known: If the name and address of the defendant is known or available from
    • public record, constructive notice NOT satisfy due process mandate.
  5. Define statutory notice
    • *Statutory notice-notice that abides by
    • the law/statutes
  6. Define Constructive notice
    • not actual notice but instead attempt to provide notice that may not be
    • immediate (IE: posting, publication in a newspaper, service to family member)
  7. Define Actual Notice
    • notice that has sufficient assurance that actual knowledge to the legal
    • matter is conveyed to recipient.

    • (Personal service is least disputed method of
    • actual notice)
  8. Can leave a copy of the summons/complaint to who at where?

    Buzz words
    • individual’s dwelling or usual place of abode with someone
    • of suitable age and discretion who resides
    • there
  9. What's the age requirement for service:
    • (2) Suitable age and discretion needs to be taken
    • into context… it does not mean 18 or older (legal age)… a 16 year old could be
    • of suitable age.