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
