Proper commencement of the action Flashcards
1
Q
How is an action commenced?
A
By filing process with County Clerk and serving process wi/in 120 days of filing.
This period can be extended for good cause in interests of justice.
2
Q
What is process?
A
Summons and complaint or summons and notice.
3
Q
What is needed in your complaint?
A
Pleading transaction or occurrence and essential elements of the cause of action.
4
Q
What is needed for notice?
A
This is where there is not yet a complaint, need nature of action, type/relief sought and that plaintiff is seeking damages. (dont specify value in MEDMAL)
5
Q
In addition to SMJ, 3 additional jurisdictional elements for court to render valid judgment
A
- Proper commencement of action
- Proper service of process on D
- Proper basis of jurisdiction over person/property involved in action