how wouldthe metzgars attorney likely have served process

by Jannie Volkman Jr. 6 min read

Can a plaintiff want a service of process from the government?

No plaintiff wants that. Service of Process Upon the U.S. Attorney General as Required Under FRCP 4 (i) (1) (B) The instructions are contained at Rule 4 (i) of the Federal Rules of Civil Procedure (“FRCP”). Let’s take an example and that one of the defendants is the Secretary of the Department of Housing and Urban Development (“HUD”).

Can a United States Attorney accept service on behalf of Attorney General?

United States Attorneys have no authority to accept service on behalf of the Attorney General. Next, I go find 28 C.F.R. § 0.77 (j).

Can the Assistant Attorney General accept service of summonses and complaints?

The Attorney General has designated the Assistant Attorney General for Administration, Justice Management Division, to accept service of summonses and complaints for him/her. See 28 C.F.R. § 0.77 (j). United States Attorneys have no authority to accept service on behalf of the Attorney General. Next, I go find 28 C.F.R. § 0.77 (j).

How many times do you have to serve the Attorney General?

Attorney General is a defendant in his or her official capacity, you would technically have to serve the Attorney General twice!

What is the rule for serving HUD?

Rule 4 (i) (2) requires that to serve the HUD Secretary, you must “serve the United States and also send a copy of the summons and of the complaint by registered or certified mail to the agency, corporation, officer, or employee.”. So Rule 4 (i) (2) sends you right back to Rule 4 (i) (1). Rule 4 (i) (1) has two steps to effect service (provided ...

What is the FRCp rule?

The instructions are contained at Rule 4 (i) of the Federal Rules of Civil Procedure (“FRCP”). Let’s take an example and that one of the defendants is the Secretary of the Department of Housing and Urban Development (“HUD”). Rule 4 (i) (2) requires that to serve the HUD Secretary, you must “serve the United States and also send a copy ...