Civil Procedure Multistate Bar Practice Exam

How can service be accomplished on a business or organization?

1. By delivering to any staff member at the business

2. By delivering to the secretary or assistant

3. By delivering to an officer or authorized agent

4. By mailing the documents to the business address

The correct answer is: By delivering to an officer or authorized agent

Service can be accomplished on a business or organization by delivering to an officer or an authorized agent. This aligns with the rules of service of process, which recognize that for a business entity, proper service requires that legal documents be delivered to someone who has the authority to accept service on behalf of the organization. An officer, such as a president or vice president, holds a position of authority within the organization, making them appropriate recipients for service. Authorized agents, who have been designated to receive such documents, also provide a valid means of ensuring that the organization receives the legal notice as required. This method helps ensure that the organization is properly informed of the legal proceedings against it, allowing it a fair opportunity to respond. While delivering to any staff member or specifically to a secretary or assistant may seem convenient, these individuals may not have the authority to bind the organization in legal matters. Thus, their receipt of the documents would not typically satisfy the requirements for effective service. Similarly, mailing documents to the business address, although it may appear as a reasonable method of communication, does not constitute personal service and does not ensure that the business is made aware of the legal action in a timely manner. Proper service typically requires a direct, personal delivery to someone with the authority to act