Slow (73), Mechanics Flashcards
What kind of summons is issued?
Show cause.
Who is summons directed to?
“To Whom It May Concern.”
What does summons direct Def to do?
Service written defenses on a day specified in the summons not less than 28 nor more than 60 days from the date of the summons.
How does Clerk count the 28-60 days to determine return date?
From the date of the summons.
What is the deadline to serve a Slow (73) summons?
20 days before return date.
How must CR serve out-of-state Slow (73) Defs?
Clerk shall:
(1) Publish 1 x per week for 2 consecutive weeks.
(2) Mail.
(3) File proof of pub & cert of mailing = service.
How do summons for IN-state Defs differ in Slow (73) & Quick (74)?
E.D. BOTH ----------- 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)?
E.D. BOTH
73: Publish 1 x per wk for 2 consec. wks.
74: Publish 1 x 20 days b/4 return date.
How are summons for OUT-state Defs the same in Slow (73) & Quick (74)?
E.D. BOTH
(1) Clerk must publish + mail + file proof.
(2) Mailing not received? Too bad = served.
How is Slow Def penalized for a default?
Simply excludes him from arguing to Judge, re: CR’s right to take.
Def still gets to argue to Jury, re: compensation.
