Quick (74), Mechanics

Question 1

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

Answer 1

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

Question 2

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

Answer 2

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.

Question 3

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

Answer 3

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

Question 4

What kind of summons is issued?

Answer 4

Show cause.

Question 5

What critical info is contained on the summons?

Answer 5

Deadline to show cause.
Optional, Petition date.

Question 6

What is the deadline to serve summons?

Answer 6

No later than 20 days before deadline to show cause.

Question 7

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

Answer 7

Too bad. They’re served.

Question 8

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

Answer 8

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

Question 9

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

Answer 9

Serve 20 days b/4 return date.

Question 10

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

Answer 10

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

Question 11

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

Answer 11

E.D. BOTH

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