CIVIL PROCESS 160 Q&A GRADED A+

1 CIVIL PROCESS 1. Municipal officers do have the authority to “serve all civil and/criminal process.” 2. Civil process refers to writs, summonses, motions, petitions, orders, filed/issued by the civil courts to assist them in carrying out the functions assigned to them by state law. 3. The foundation for some of our most basic rights is a due process which starts with notice . 4. Service of process is the primary method of notice given to persons in court proceedings. 5. Generally, at least two parties involved in a civil lawsuit: plaintiff and defendant . 6. Plaintiff is the person or legal entity filing the lawsuit, and the defendant is the person or entity being sued. 7. A civil action begins when a plaintiff files a complaint with the Clerk of the Superior Court. 8. Upon the filing of the complaint , the clerk issues a summons to be served on the defendant. 9. Under the law, the summons must be issued within 5 days after the complaint is filed. 10. The complaint is the initial/first pleading that states the reasons for the lawsuit itself. 11. The delivery of information is the court’s way of saying to the defendant, “you have been told about the case.” 12. 2 types of legal jurisdictions: (a) “In personam” – created over the person and (b) “In rem” – over the “thing” or property. 13. Upon receipt for service of self-generated forms, LEO should be certain that the forms are proper and valid on their face BEFORE service is attempted. 14. Magistrates summons is issued when a plaintiff files a complaint to be heard in small claims court. There are 3 types – (a) $10,000 or less in which plaintiff is seeking, (b) possession of personal property, and (c) summary of ejection. (or combination of these types). 15. Civil summons is issued when a plaintiff files a complaint to begin a civil action in district/superior court. This includes breach of contract, personal injury, vehicle negligence cases, medical malpractice, family law matters – divorce, child support, child custody, injunctions, and restraining orders. 16. Summons tells the defendant to file a written “answer” to the lawsuit with the plaintiff and to the Clerk of Superior C ourt. 17. An “answer ” is a response to the plaintiff’s complaint. 2 18. If a defendant fails to file an “answer” within the appropriate time, a default judgment may be entered. This means that a judgment in favor of the plaintiff for the amount/relief the plaintiff sought in the complaint will be entered without a trial. 19. Special party proceeding is heard initially by the clerk and includes such proceedin gs as adoptions, adjudications of incompetence, name changes, partitions, administrations of decedent’s estate with or without a will, incompetent’s estate, and foreclosure. 20. In the special proceeding , the plaintiff is called petitioner, and the defendant is called respondent , and the complaint is called a petition/motion . 21. In the special proceeding, summons tells the defendant that the next step to take is to file a written answer with the petitioner and clerk within 10 days . 22. Special proceeding summons is the ONLY summons where the plaintiff can demand that the summons must be served immediately. 23. MAJORITY of the special proceeding processes that deputy sheriffs serve are “Notice of Foreclosure .” 24. “Notice of Foreclosure” involves a mortgage/deed of trust against real property and who is entitled to the current ownership. 25. Juvenile summons is issued when a juvenile proceeding is initiated (a) against a juvenile who is delinquent and (b) juvenile is alleged to be abused/neglected. 26. Juvenile petition is equiv alent to a complaint in other civil cases. 27. Summons in proceeding to terminate parental rights is issued to terminate a parent’s rights regarding the care and custody of a minor child. 28. Plaintiff may seek to hold the sheriff liable for the failure to make proper service or a proper return. 29. Civil papers may be divided into enforceable and non-enforceable. 30. Writ is a generic term used to mean a “court -issued document.” 31. Non-enforceable writ is when LEO needs to do is to deliver copies of the papers to the defendant by a legal means. 32. Enforceable writ requires LEO to “do” something such as seize personal property or put a lien on real property. 33. Clerk of Court is an elected official and elected every 4 years for the judicial district.