Proper commencement of the action Flashcards

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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.

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2
Q

What is process?

A

Summons and complaint or summons and notice.

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3
Q

What is needed in your complaint?

A

Pleading transaction or occurrence and essential elements of the cause of action.

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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)

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5
Q

In addition to SMJ, 3 additional jurisdictional elements for court to render valid judgment

A
  1. Proper commencement of action
  2. Proper service of process on D
  3. Proper basis of jurisdiction over person/property involved in action
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