Quick (74), Mechanics Flashcards
How much time is Def given to serve written defenses &, if desired, request a hearing on the petition.
20 days.
Petition date is no earlier than 1 day thereafter.
How many times does CR have to publish for out-of-state Def?
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.
Can Clerk include both, show cause deadline + Petition date, on summons?
Yes, but Def gets 20 days to show cause. Petition date is 1 day thereafter.
What kind of summons is issued?
Show cause.
What critical info is contained on the summons?
Deadline to show cause.
Optional, Petition date.
What is the deadline to serve summons?
No later than 20 days before deadline to show cause.
What if out-of-state Def doesn’t receive mailing?
Too bad. They’re served.
How do summons for IN-state Defs differ in Slow (73) & Quick (74)?
73:
Answer 28-60 days.
74:
Answer 20 days. Petition date can be 1 day thereafter.
How are summons for IN-state Defs the same in Slow (73) & Quick (74)?
Serve 20 days b/4 return date.
How do summons for OUT-state Defs differ in Slow (73) & Quick (74)?
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
How are summons for OUT-state Defs the same in Slow (73) & Quick (74)?
(1) Clerk must publish + mail + file proof.
(2) Mailing not received? Too bad = served.
