Questions with Correct Answers
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1. State the function and purpose of civil process.:
Answer Primary function 1. Giving notice 2. preserving the status quo. 3. Providing
remedies for parties. 4. Enforcing decisions of the courts.
2. State the purpose of civil process:
Answer Civil actions, there is no arrest or issued citation. Non- criminal actions, there
must be a way to notify the defendant that claims that have been alleged against them
by the plaintiff and what the must do to respond.
3. State how to access the North Carolina administrative office of the court's standard
forms for civil process and describe the standard fee for service of that process by law
enforcement.: The referenced form number can be entered in the form number field on the
AOC'S webpage and a copy of that civil process will be retrieved in fillable PDF format.
4. Standard fees for services of the process
Answer If a law enforcement officer is serving items of the civil process there is a 30.00 fee
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,for service to be collected in advance. This fee is the fee per party to be served by the item of
civil process. Only 1 party only 30.00 is collected however 1 item of the civil process is to be
served on two parties a fee of 60.00 is collected 3 parties is a fee of 90.00
5. Identify the various types of civil process as provided in the lesson plan.:
Answer 1. Magistrate's summons (aoc-cvm-100)
2. Civil summons ( aoc-cv-100)
3. Special proceeding summons( aoc-sp-100)
4. partition proceedings summons ( aoc-sp-101)
5. notice of hearing- power of sale forecloser.
6. Juvenile summons ( undisciplined/delinquent) ( aoc-j-340)
7. juvenile summons ( abuse/neglect/dependent) ( aoc-j-142)
8. Summons in proceeding to terminate parental right( aoc-j-208)
9. subpoena (aoc-g-100)
10. domestic violence (50 b) civil process
11. civil no contact ( 50-c) civil process
12. workplace violence prevention civil process.
6. State what is required for select types of civil process to be considered valid:
Answer 1.copy of the complaint or petition and all other necessary court documents
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,2. summons, must be served on each name defendant
3. printed on the aoc form to the check the governing statue to determine what must be
attached and served
4. enough copies included to be served on each of the parties named for service.
7. State how to properly serve the civil process on the different types of parties to a civil suit,
beginning with an ordinary civil summons and then moon g on to special item of civil
process.:
Answer 1. Ordinary civil summons: is personal service ,
leaving copy of the complain and summons at the defendants home with someone of
suitable age and ( mentally competent) or specified agent.
8. Demonstrate how to make a proper return of the civil process:
Answer the sheriff must certify in his return that the process has been served, showing the
place, time, and manner of service this answers the questions of who, where, why , what,
how, when.
9. State the time limits for service of various types of civil process and demon- strate how to
compute the time limit in which to serve civil process.:
Answer 1. ordinary civil summons= 60 days from the date it is issued.
2. Magistrate summons= 60 days, served no late than 5 days before the date
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, scheduled for hearing.
3. Magistrate summons in a summary ejectment action= 5 days form the issuance of the
summons and at least 2 days before the date of the scheduled hearing
4. juvenile summons ( undisciplined/ delinquent)= served not less than 5 days before the
scheduled hearing. after 30 days if not served it should be immediately returned to the
issuing clerk.
5. Juvenile summons ( abuse/ neglect/ dependent)= served not less than 5 days before
the scheduled hearing date.
6. Notice of hearing the foreclosure under power sale= served not less than 10 days, via
posting must be done lo later than 20 days.
7. domestic violence civil summons= expire after 60 days.
10. as provided in the lesson plan identify the following prejudgment reme- dies.:
Answer 1.attachment= seizure of a debtor's real or personal property sufficient in
amount to satisfy a judgment.
2. garnishment= proceeding is to discover and subject to attachment tangible per- sonal
property of the defendant, not in his/ her possession, but the possession of another
person and any indebtedness
3. claim and delivery= is to claim the immediate delivery of certain specified personal
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