Miscellaneous

Question 1

Commencement of action

Answer 1

A suit is commenced by the filing of a complaint in the clerk’s office.

• due diligence must then be used to have the D served with the complaint and summons

Question 2

Service of documents other than process

Answer 2

Unless otherwise required by court order, every pleading subsequent to the initial pleading and every other document filed in any court proceeding must be “served” on each other party…such is less formal

Question 3

Service of witness subpoenas

Answer 3

Service of witness subpoenas falls under a separate set of rules. Additionally, no service need be made on parties against whom a default has been entered, except that pleadings asserting new or additional claims against them must be served in the manner provided for formal service of the complaint and summons.

Question 4

Service on attorney

Answer 4

Service of documents other than process is made on the attorney representing the party unless otherwise ordered by the court.

• service is by e-mail, with some limited exceptions
• the attorney must designate a primary e-mail address, and may designate no more than two secondary e-mail addresses, for service of documents other than process

Question 5

Subpoenas

Answer 5

Subpoenas for trial, production, or deposition may be issued by an attorney of record in the case without going to the clerk.

• alternatively, such subpoenas may be issued by the clerk in blank to the party, who fills them in before service
• subpoenas for depositions must be fully filled out before issuance by the clerk