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Process server
exam notes for Process server
| Question | Answer |
|---|---|
| what is the meaning of the term process? | have different persons and witness to appear in court./ Formal court Documents directed to a specific person. |
| what are the types of formal documents? | Summons Writs warrants complaints |
| What are two most common process? | Summons, subpoenas |
| What is the meaning of a summons? | it requires the person to appear in court |
| what is the meaning of subpoenas? | It requires for a witness to appear before a judge or court to testify. |
| can you come after someone even after one year it being voided? | Yes |
| What is the purpose of process? | is to provide notice to the defendant and warn him or her that the plaintiff has started a court proceeding. |
| When it is hard to serve the first summons what does the court issue after that? | Alias summons for the second attempt and a Pluries on the 3rd attempt |
| for process to be valid it must strictly confirm the statutory and court rules which are? | 1) seal of the court 2) it must be signed by the person who served it 3) must contain the required service info 4) served in the manner prescibed by law |
| Whats the meaning of service of process? | refers to the delivery of judicial documents to the persons named in the documents |
| what is personal service? | when the documents are delivered to the named person and either explained or read to him or her. |
| what is substitute service? | is when the documents are given to someone other than the named person who lives at the same home as the named person |
| Who can serve witness subpenas? | any person authorized by rule of procedure |
| can process severs serve in any county? | No they are only allowed to serve in the county where they got appointed by the sheriff |
| what happens to a process sever if he or she knowingly does a false return? | he or she will be charged with a felony and will be barred from severing process in the state |
| are you allowed to serve on Sunday? | no, unless you have good cause that the person to be served intends to escape from the state under the protection of Sunday then service may be carried out and it will be considered valid |
| What are the options to allow you to serve a minor? | 1) if the minor has ever been married. 2) if the minor has had a legal guardian appointed to him or her the guardian must be served 3) and in all other cases serving the parent or the guardian |
Created by:
kennyb305