Laura has filed a lawsuit in federal court against Sam, who recently moved to a foreign country with no known address. Laura has made multiple attempts to serve Sam through personal delivery, mailing, and by hiring a process server, but all efforts have failed. Under the FRCP, what should Laura do next to properly serve Sam?
Dismiss the case if service cannot be effected after multiple attempts.
Post Sam's name and the lawsuit details on social media platforms.
Apply for a court order to use an alternative method of service following multiple service attempts.
Proceed with the case after a waiting period following the final service attempt.
The correct answer is to apply for a court order permitting an alternative method of service under Rule 4(e) after demonstrating reasonable efforts to serve the defendant. This ensures that due process is maintained even when traditional service methods fail. The other options either do not comply with procedural requirements or do not involve proper legal channels for alternative service.
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What is Rule 4(e) under the Federal Rules of Civil Procedure (FRCP)?
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What types of alternative service methods can courts approve under Rule 4(e)?
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Multistate Bar Examination
Civil Procedure
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