· 11/1/1996
Federal Case
Citations
- 99 F.3d 565
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that personal jurisdiction is not conferred if service under Rule 4 is not properly effected
- concluding that “[t]he parties cannot waive a void summons” and the failure of a plaintiff to obtain valid process from the court to provide it with personal jurisdiction over the defendant in a civil case is fatal to the plaintiff’s case.”
- affirming dismissal for failure to effectuate proper service because attempted service was not “in accordance with Rule 4”
- reviewing a dismissal for plaintiff's failure to secure a clerk’s signature on the summons and to have the court's seal affixed as required under Rule 4 of the Federal Rules of Civil Procedure for an abuse of discretion
- dismissing pro se plaintiff’s case under Rule 4 where plaintiff failed to request that the Clerk issue a summons and instead prepared a summons herself, filled in the names and addresses of defendants, and filed proofs of service
- a court must have both subject matter jurisdiction and personal jurisdiction over a defendant before rendering judgment
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.