Question

A motorist from State A struck and injured a pedestrian in State B. The pedestrian, a State B resident, brought an action in a State B federal court against the State A motorist, seeking $100,000 in damages. The summons and complaint were served on a receptionist at the motorist's place of business in State A. State A's rules permit service of process in this manner, while State B's rules do not. If the motorist moves to dismiss the complaint on the basis of improper service of process, is the court likely to dismiss the action

Answer 1

Answer: C. No, because the federal rules permit service under the rules of the state in which service will be effected.

Explanation:

The case was filed in federal court so the rules regarding the service of the summons will be according to the rules of federal courts.

Rule 4 of the Federal Rules of Civil Procedure allows for the service of a summons to be based on the service rules of the state where the service is to be made. As the service was done in State A and State A allows service to be at defendant's place of business, proper procedure was followed and so the court will not dismiss the action.