If neither form of process is used, what is the effect?

• A. Dismissal for lack of subject matter jurisdiction
• B. Dismissal for lack of personal jurisdiction
• C. Dismissal for failure to file
• D. Dismissal for lack of personal jurisdiction

Answer: (D)

Personal jurisdiction hinges on proper service of process. The defendant must be notified in a way the law recognizes so the court’s authority can reach that person. If neither form of process is used, there is no valid notice, so the court cannot compel the defendant to appear or defend. Because due process requires that the defendant have actual notice, the case cannot proceed against that defendant, making dismissal for lack of personal jurisdiction the correct result. This is different from lack of subject matter jurisdiction, which would be about the court’s authority to hear the kind of case at all, regardless of service, and different from failure to file, which concerns the plaintiff’s action rather than the defendant’s notice.