Lecture - Week 6 - For Quiz 3 - Summons Flashcards Preview

LAS109 - Civil Pro I > Lecture - Week 6 - For Quiz 3 - Summons > Flashcards

Flashcards in Lecture - Week 6 - For Quiz 3 - Summons Deck (15):
1

The (1) must be issued by the clerk, and it is a write telling the def. he or she is sued.

1. summons

2

There should be enough copies of the summons for (1), including (2). These are stamped according to (3) and copies. If a party is added later this requires an (4), which is an all new summons. It can be useful to list defendants separately in case they want to (5).

1. all defendants
2. fictitious ones
3. original
4. alias summons
5. want to see the original

3

A (1), (2) or (3) may serve the process. (4) parties may not serve on the defendant. Alternatively, the party can (5), thus a process server isn't needed.

1. sheriff
2. deputy
3. licensed process server
4. non-neutral
5. agree to accept process (waive)

4

4 things the process server should list on the affidavit of service

1. all documents
2. person served
3. when
4. where

5

Affidavits may be (1) if an error is discovered.

1. amended

6

The (1) and (2) are always served together. The summons needs to be served within (3) of filing complaint with the court (or issuance of summons).

1. summons
2. complaint
3. 120 days

7

A process server can serve (1) in Arizona. If the defendant waives service, which save saves the plaintiff time, the defendant has additional time--(2)--to answer. Substituted service in Arizona can be to a person of (3) or to an (4) A minor--for these purposes, (5) years old--must have a guardian present if being served.

1. anywhere
2. 60 days from service
3. suitable age and discretion
4. agent authorized by law or appointment
5. 16

8

If serving on an incompetent, arrange for an (1) to be present and serve (2).

1. attorney
2. both

9

Service on state is to the (1). Service on county municipal court is to the (2). Service on a governmental entity is to a (3). All of these require (4)

1. attorney general
2. chief executive, secretary, clerk, etc. (ask)
3. member of the "group" or "body"
4. notice first

10

Corporations are easy to serve on because they usually (1), which includes providing the name of the (2), or the (3). If the corporation is not registered, serve the (4)

1. register with the secretary of state
2. name of person to accept service
3. statutory agent
4. corporation commission

11

The steps of (1) attempts should be recorded and need to be proven to obtain constructive service alternatives. One is publication with a local paper that does (2) within the (3), but this is only the (4). Publication must be for (5) consecutive weeks and is completed (6) after the first publication. (7) are also published in papers.

1. substituted service
2. legal publishing
3. county where service was attempted
4. summons
5. 4
6. 30 days
7. Unknown heirs

12

People served on in state have (1) to respond. People served out of state (long-arm) or out of country have (2).

1. 20 days
2. 30 days

13

3 ways long-arm service can be done

1. process server for that state
2. by certified mail
3. publication

14

For a foreign country, make sure service conforms to any (1) rules. You may have to serve the (2). (3) can be very useful for this area.

1. Hague Convention
2. embassy
3. international process servers

15

(1) should be taken into consideration when preparing documents. The (2), (3) and (4) are filed with the court, but (5) is not. The compulsory arbitration cert accompanies the (6).

1. sensitive data (social sec, minor's name, etc.)
2. complaint
3. answer
4. pleadings
5. discovery
6. complaint and summons