Civil Process Flashcards
What are the 4 functions/purposes of civil process?
(1) Give notice
(2) Preserve the status quo
(3) Provides remedies for parties
(4) Enforce decision of the courts
What are the 3 divisions of civil courts?
(1) Small claims (magistrates court)
(2) District court
(3) Superior court
What is the fee for superior court?
$180
What is the fee for district court?
$130
What is the fee for small claims court?
$80
What is the functioning of small claims court?
Money up to $10,000, small claims, summary ejectments, and return of property.
What is the functioning of district court?
Money up to $25,000 and deals with family matters.
What is the functioning of superior court?
Anything greater than $25,000 and deals with any special procedures (e.g. involuntary commitment, adoptions, wills, estate).
$__ fee for service, per party to be served.
$30.
If multiple items are served on one party, the fee collected is $__.
$30.
If one item is served on two parties, the fee collected is __ ($__ for each additional party to be served).
(1) $60.
(2) $30.
Ex parte domestic violence order of protection are valid for __ days.
10.
Natural person are served with a ____.
(1) Copy
What are the two substantive service’s for serving a natural person?
(1) Leaving a copy at the place of residence with suitable age discretion.
(2) Registered Agent
How are Natural person’s under disability served?
Same as natural person WITH a person/guardian.
How are sole proprietorship served?
Same as natural person.
Who do you serve at the state? How do you serve them?
(1) Attorney general, Deputy attorney general, Assistant attorney general.
(2) In-person
Who do you serve at agencies?
Process agent, attorney general, deputy attorney general, or assistant attorney general.
Who do you serve at the city?
Mayor, city manager, city clerk.
Who do you serve at the court?
Chairman, any member of the board, clerk, or clerk magistrate.
Who do you serve at the subdivision city?
Director, officer, attorney in fact or agent.
Who do you serve at corporations?
Officer, managing AGENT, director, anyone in chain office, registered agent.
Unincorporated associations are the same as _____________ ___________.
Corporated associations.
General partnerships deal with general partners. Who receives the papers?
The person in charged of the office, agent, attorney.
PLLC and LLC deal with ________ _________ and who receives the substantive?
(1) Registry agent.
(2) Secretary of State.
Rule 1A-1 Rule 4 is known as ________.
Default.
What are the 2 types of subpoena’s?
(1) Testify
(2) Produce evidence
What the time limit when serving a subpoena?
There is no time limit.
What are the 3 ways to serve a subpoena to testify? How many of the three ways are done by the sheriff?
(1) Telephone (Sheriff)
(2) Person delivery (Sheriff)
(3) Registered receipt mail
What is the only way to subpoena for evidence for the sheriff?
In-person by Sheriff.
How many levels are in small court?
Civil
Who is responsible for fees?
Plantiff
What are the exceptions for filing fees?
50-B and 50-C
Which website do you get court copies from?
AOC.
Valid civil summon must contain:
Name of judicial figure and date.
Who has primary responsibility to serve in the county?
The sheriff
What rule do we use for civil process?
1A-1 Rule 4
A natural person is ___________ ___________.
Individual human.
Suitable age is:
(1) At least 15
(2) Understands the process
(3) Mentally component
You can’t serve a corporations _______.
Agent
PLLC and LLC must register with?
Secretary of State.
Who starts a civil process/who is responsible for fees? And what does it start with?
(1) Plaintiff.
(2) A complaint.
Who can sign the court summons?
The clerk of the courts, deputy clerk, or assistant clerk.
What is the most common special proceedings a deputy will serve?
A notice of hearing (foreclosure)
If no guardian, the courts present a __________ ____ ________.
guardian ad litem.
How many days must you serve a civil summons?
5 days before hearing.
What do process agents fall under?
The state of NC and department of justice.
What is a sole proprietorship?
A small business
What website deals with the state?
DOJ
Which of the following people can you NOT serve at the city?
(a) Mayor
(b) City manager
(c) City mayor
(d) City clerk
City manager
What are the 3 most important things regarding making a proper return of service?
(1) Place
(2) Time
(3) Manner
What do you do if you have a paper to be served on a weekend, holiday, etc.
Serve it on the next business day by 11:59:59 PM.
If the time period between serving papers is LESS than 7 days…
Weekends and holidays DONT count.
If the time period between serving papers is GREATER than or equal 7 days…
Weekends and holidays DO count.
How many days do you have to serve a civil summons?
60 days
Magistrate court summons must be served at least _ day before court.
1.
How long are civil summons good for?
60 days.
DBA and TA is associated with ____ _____________.
Sole proprietorship.
Which website do you go to concerning business?
The secretary of state.
Attachments are a pre-judgement ________.
Remedy.
What are the two types of processes for claim and delivery?
(1) Notice of hearing
(2) Order of seizure
Which pre-judgement remedy is designed to discover and subject to attachment tangible personal property of the defendant?
Garnishment.
Garnishments are served on what type of party?
3rd.
Any violation of a order-strain order is _____ to ______ cause.
Order to show cause.
Executions against property are for what?
To seize personal property to sell and satisfy the outstanding judgement.
Executions against the person are for what?
Civil orders for arrest.
Executions for delivery of specific property are called what?
Writs of possession for real property.
If someone files for bankruptcy, what should you do?
(1) Don’t serve
(2) Verify their bankruptcy
How do you serve a state, city, county, subdivision?
In person only.
