CIVIL PROCESS EXAM QUESTIONS
AND ANSWERS 100% ACCURATE
Civil Processes - ANSWER-refers to writs, summons, motions, petitions, orders etc filed
or issued by the civil courts to assist them in carrying out functions assigned by state
law
4 Primary Functions served by civil processes - ANSWER-notice, preserve the status
quo, provide remedies for parties, enforce decisions of the court
due process starts with? - ANSWER-Notice
Proper service of summons - ANSWER-allow civil court to operate effectively
2 parties in civil lawsuit - ANSWER-Plaintiff(files), Defendant(being sued)
Civil Actions Begins when? - ANSWER-complaint filed with Clerk of Superior Courts
After filing, how long before summons must be issued - ANSWER-within 5 days after
complaint filed (almost immediate in most counties)
what is the complaint - ANSWER-reason for lawsuit filed by plaintiff, notes who is suing,
why and what legal remedy or recovery is requested. not excessively detailed
complaint formats - ANSWER-small claims (fill in blank), civil summons (typed on blank
sheets by attorneys often)
what gives court jurisdiction - ANSWER-valid service of the summons
why must gov't give notice? - ANSWER-4th amendment (unreasonable seizures), 5th
amendment (due process)
complete services includes? - ANSWER-summons, complaint, petition notice or other
processes attached
Magistrates Summons - ANSWER-AOC-CVM-100, small claims court for civil cases
10,000 or less (money, possession of personal property, summary ejectment or any
combo of these claims, 5 day notice of trial required, details next step of trial,
Civil Summons - ANSWER-AOC-CV-100, district or superior court, breach of peace,
child support, family law matters, malpractice, negligence, restraining orders,
injunctions, divorce, tells defendant to submit written answer to lawsuit (failure =default
judgement in favor of plaintiff)
, Special Proceedings Summons - ANSWER-AOC-SP-100, heard by Clerk initially,
adoptions, names changes, estates,wills, foreclosure, plaintiff/petitioner,
defendant/respondent, petition/motion, written answer filed within 10 days, Plaintiff can
demand immediate service
Notice of Foreclosure - ANSWER-involves mortgage co/deed of trust and entitled
owner,service within 10 days , clerk or court hearing,
Posting notice of foreclosure time frame - ANSWER-20 days or more acceptable,
In persona - ANSWER-in person
in rem - ANSWER-posting papers
Juvenile Summons - ANSWER-AOC J 340, child suspect, juvenile
delinquent/undisciplined, delivered personally to juvey and each named within 5 days
AOC J 142, juvenile suspected of being abused or neglected
AOC J 208, terminate parental rights, respondent has 30 days to reply to clerk, requires
paper to delivery to juvey or responsible adult as well
proper service - ANSWER-deputy must document what was served and how it was
served
first attempt and second attempts at serving - ANSWER-1st by sheriff, 2nd and
subsequent sheriff or private process server(excludes summary of ejectment)
types of writ - ANSWER-enforceable -seize something or do something, more than
hand delivery
non enforceable- just deliver copies of summons
how can plaintiff serve defendant? - ANSWER-BY mailing copy of complaint and
summons certified mail or ups/fedex
unincorporated association, organization or society other than a partnership -
ANSWER-voluntary group of persons promoting common enterprise pursuing common
goal, act jointly
Delivery to officer, director, managing agent or member of governing body or leaving in
there office or with person apparently in charge, authorized agent
sole proprietorship - ANSWER-natural person
Counties city towns villages or other local bodies - ANSWER-mayor city manager or city
clerk,
AND ANSWERS 100% ACCURATE
Civil Processes - ANSWER-refers to writs, summons, motions, petitions, orders etc filed
or issued by the civil courts to assist them in carrying out functions assigned by state
law
4 Primary Functions served by civil processes - ANSWER-notice, preserve the status
quo, provide remedies for parties, enforce decisions of the court
due process starts with? - ANSWER-Notice
Proper service of summons - ANSWER-allow civil court to operate effectively
2 parties in civil lawsuit - ANSWER-Plaintiff(files), Defendant(being sued)
Civil Actions Begins when? - ANSWER-complaint filed with Clerk of Superior Courts
After filing, how long before summons must be issued - ANSWER-within 5 days after
complaint filed (almost immediate in most counties)
what is the complaint - ANSWER-reason for lawsuit filed by plaintiff, notes who is suing,
why and what legal remedy or recovery is requested. not excessively detailed
complaint formats - ANSWER-small claims (fill in blank), civil summons (typed on blank
sheets by attorneys often)
what gives court jurisdiction - ANSWER-valid service of the summons
why must gov't give notice? - ANSWER-4th amendment (unreasonable seizures), 5th
amendment (due process)
complete services includes? - ANSWER-summons, complaint, petition notice or other
processes attached
Magistrates Summons - ANSWER-AOC-CVM-100, small claims court for civil cases
10,000 or less (money, possession of personal property, summary ejectment or any
combo of these claims, 5 day notice of trial required, details next step of trial,
Civil Summons - ANSWER-AOC-CV-100, district or superior court, breach of peace,
child support, family law matters, malpractice, negligence, restraining orders,
injunctions, divorce, tells defendant to submit written answer to lawsuit (failure =default
judgement in favor of plaintiff)
, Special Proceedings Summons - ANSWER-AOC-SP-100, heard by Clerk initially,
adoptions, names changes, estates,wills, foreclosure, plaintiff/petitioner,
defendant/respondent, petition/motion, written answer filed within 10 days, Plaintiff can
demand immediate service
Notice of Foreclosure - ANSWER-involves mortgage co/deed of trust and entitled
owner,service within 10 days , clerk or court hearing,
Posting notice of foreclosure time frame - ANSWER-20 days or more acceptable,
In persona - ANSWER-in person
in rem - ANSWER-posting papers
Juvenile Summons - ANSWER-AOC J 340, child suspect, juvenile
delinquent/undisciplined, delivered personally to juvey and each named within 5 days
AOC J 142, juvenile suspected of being abused or neglected
AOC J 208, terminate parental rights, respondent has 30 days to reply to clerk, requires
paper to delivery to juvey or responsible adult as well
proper service - ANSWER-deputy must document what was served and how it was
served
first attempt and second attempts at serving - ANSWER-1st by sheriff, 2nd and
subsequent sheriff or private process server(excludes summary of ejectment)
types of writ - ANSWER-enforceable -seize something or do something, more than
hand delivery
non enforceable- just deliver copies of summons
how can plaintiff serve defendant? - ANSWER-BY mailing copy of complaint and
summons certified mail or ups/fedex
unincorporated association, organization or society other than a partnership -
ANSWER-voluntary group of persons promoting common enterprise pursuing common
goal, act jointly
Delivery to officer, director, managing agent or member of governing body or leaving in
there office or with person apparently in charge, authorized agent
sole proprietorship - ANSWER-natural person
Counties city towns villages or other local bodies - ANSWER-mayor city manager or city
clerk,
