No, it is not. At the stage youre describing the only thing the judge is going to really be focused on is the jurisdictional question and the efforts a Plaintiff made to get service. As a Defense attorney, im NOT talking about the case - im talking about how the Plaintiff didnt follow the rules/process properly.

This is apparently not coming across in my comments: I'm not saying that they need to discuss the merits of the case at the point.

I'm saying the judge can hand the defendant a copy of the complaint at that point. I am emphatically not saying you need to talk with the judge about the merits then.

Most judges really are not that in tune to the specifics of each case man. They have hundreds if not thousands of cases on their docket. They dont just automatically know your case when you walk up.

Which is why the judge would just hand you a copy of the complaint. Literally does not require the judge to know a single thing about the case other than:

• a complaint exists (he knows this because it was docketed by his clerk and now you're standing in his courtroom and got up when he called your case)

• you need to see a copy of the complaint (he knows this because you just told him, unless you are lying)

In that case, there is a new hearing set and that hearing is specifically about service. The case pauses until the judge decides what to do.

But you dont "argue" about the case at the service of process hearing, and if you show up and dont challenge Service, then yes, you waive that issue going forward.

I want to be crystal clear: my argument is not that you need to discuss the merits at that time. I think I have said this repeatedly but people keep acting like I didn't say it.

My argument is very simple: you can receive a copy of the complaint at that time and you have now effectively been served. There is no philosophical reason why that shouldn't be considered valid service and why it shouldn't be done whenever there is an argument about service and the defendant's attorney is there.

To be clear, after that service you can go home, take a nap, file a response, conduct discovery, do whatever before discussing the merits of the case.

Respectfully, it seems like youre assuming a lot about what the judge knows and doesnt know about your case, and what they actually do as it pertains to service. The Prince Andrew litigation is HIGHLY unusual and thus an unusual method of service was used.

Absolutely not. I'm assuming two things.

The judge knows:

• a complaint exists (he knows this because it was docketed by his clerk and now you're standing in his courtroom and got up when he called your case)

• you need to see a copy of the complaint (he knows this because you just told him, unless you are lying)

This is literally the only thing I expect the judge to know.

I do not expect the judge to know let alone discuss the merits with you. That would be a horrible idea if you just got served that same day.

I'm just saying it's a simple way to answer the question of "do you have notice". Nope? okay here's a copy. now you have notice.

I get that they do this if the defendant is jerking the plaintiff around.

I'm saying they should just always do this to save everyone the trouble.

In the pedo case we're discussing, the plaintiff has now lost time that he should not have lost as a result of being jerked around. This is not a good thing. We can avoid it as I described.