Quick (74), Mechanics Flashcards

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1
Q

How much time is Def given to serve written defenses &, if desired, request a hearing on the petition.

A

20 days.
Petition date is no earlier than 1 day thereafter.

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2
Q

How many times does CR have to publish for out-of-state Def?

A

Clerk shall:
1) Publish 1 x not less than 20 days b/4 return date.
2) Mail
3) File proof of pub + certif of mailing = service.

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3
Q

Can Clerk include both, show cause deadline + Petition date, on summons?

A

Yes, but Def gets 20 days to show cause. Petition date is 1 day thereafter.

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4
Q

What kind of summons is issued?

A

Show cause.

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5
Q

What critical info is contained on the summons?

A

Deadline to show cause.
Optional, Petition date.

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6
Q

What is the deadline to serve summons?

A

No later than 20 days before deadline to show cause.

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7
Q

What if out-of-state Def doesn’t receive mailing?

A

Too bad. They’re served.

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8
Q

How do summons for IN-state Defs differ in Slow (73) & Quick (74)?

A
E.D. BOTH
-----------
73:
Answer 28-60 days.  
74:
Answer 20 days.  Petition date can be 1 day thereafter.
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9
Q

How are summons for IN-state Defs the same in Slow (73) & Quick (74)?

A

Serve 20 days b/4 return date.

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10
Q

How do summons for OUT-state Defs differ in Slow (73) & Quick (74)?

A

E.D. BOTH

73: Publish 1 x per wk for 2 consec. wks. ~it’s slow
74: Publish 1 x 20 days b/4 return date. ~it’s fast

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11
Q

How are summons for OUT-state Defs the same in Slow (73) & Quick (74)?

A

E.D. BOTH

(1) Clerk must publish + mail + file proof.
(2) Mailing not received? Too bad = served.

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