9/12/13 Flashcards
Starting a lawsuit - summons and complaint, discovery
What is a summons?
A court order.
What is a complaint?
A general letter telling you who the plaintiff and defendant are and what happened
What are the 5 ways to serve process?
- Personal service
- Service upon a person of suitable age/discretion
- First class mail w/ consent
- Nail & mail
- Ask the court
Define personal service
being within reach of defendant
Define consent to first class mail
signature
When does nail & mail become an option?
After the first 3 steps have been unsuccessful
When does service become effective after mailing/publication?
10 days after papers have been mailed/published
When can you ask the court?
After the first 4 steps were unsuccessful
What will court tell you?
To publish summons in a news paper 2x a day
What happens if you don’t show up in court?
You lose by default
Can judgement be vacated?
Yes, e.g. trip to Europe, hospital stay
What happens after summons & complaint is served?
Discovery
What is discovery?
Time to acquire all needed information
What are the three parts of discovery?
- Bill of particulars
- Set of interrogatory
- Examination before trial (EBT)
What is a bill of particulars?
Includes date & time of the accident, weather, witnesses, injuries, police reports etc.; issued by defense lawyer to plaintiff’s lawyer
What is a set of interrogatory?
Contains thorough, truthful answers of the witnesses
What is the purpose of an EBT?
Refreshment of memory (signed by witnesses)
What happens after discovery?
Note of issue, tap division, voir dire, statute of limitations
What is a note of issue?
A statement of readiness
What is a tap division?
Trial assignment to lawyers, asks if there is any way to settle the issue w/o going to court
What is voir dire?
Jury screening & selection process
What is a statute of limitations?
Timely commencement
