Civil Process Study Guide

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School

Halifax Community College *

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C55120

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Law

Date

Feb 20, 2024

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docx

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Uploaded by BarristerGalaxyGrasshopper3

Civil Process Study Guide 1. Serving civil process is a major function of the office of ________.  Sheriff 2. While other law enforcement officers rarely perform these specific duties, by statute, municipal officers do have the authority to “serve all civil and/or criminal process” directed to them.  True 3. The term “________” itself refers to writs or summonses, especially to appear or respond in court filed or issued by the civil courts to assist them in carrying out the functions assigned to them by law.  Process 4. Due process starts with _______.  Notice 5. Service of process is the primary method of giving notice to persons in ______ ____________.  Civil Proceedings 6. Without proper service, the court may be entirely without ______________ to resolve a matter.  Jurisdiction 7. 4 th Amendment-  unreasonable search/seizure 8. 5 th Amendment –  Due process (Notice phase) 9. An action prosecuted by the State as a party, against a person charged with a public offense, for the punishment thereof, or an action prosecuted by the State, at the instance of an individual, to prevent an apprehended crime against his person or property.  Criminal Action 10. Our law defines a civil action as anything other than criminal actions  True 11. Criminal violations to be convicted:  beyond reasonable doubt  12/12 jury  May take a person’s freedom 12. Civil- anything other than criminal-  preponderance of evidence  7/12 jury  may take a person’s property  In criminal actions, the defendant is, in most cases, getting immediate notice of charges against them from the arresting or citing officer or the magistrate. civil there is no arrest therefore proper notice is required 13. The four purposes of civil process  Giving notice

 Preserving the status quo  Providing remedies for the parties  Enforcing decisions of the courts 14. Civil court is divided up into three venues:  Small claims court (magistrate court)  District Court  Superior Court 15. Costs of Court  Small Claims Court – $96.00  District Court- $150.00  Superior Court – $200.00 16. Who decides what cases  Small Claims Court – Magistrate decides  District Court- Judge decides  Superior Court – Jury decides 17. 50B and 50C actions must be filed in _______and special proceedings are always dealt with in superior court.  district court 18. Actions for domestic violence protective orders and for civil no-contact orders do not require the plaintiff to pay a filing fee to the clerk.  True 19. The Clerk of Court where the action (lawsuit) has been commenced is _____________ for issuing the summons.  responsible  Assistant clerk, and deputy clerk may also issue summonses 20. The summons is not validly issued unless and until the clerk of court, an assistant clerk, or a deputy clerk _____ ____ _____ ___.  signs and dates it 21. Person who bring the case against another person.  Plaintiff 22. Person whom the case is brought against:  Defendant 23. If law enforcement officers are serving items of civil process, there is a $_____ fee for service, to be collected in advance.  $30.00 (per party to be served by the item of the civil process)

24. Magistrate’s summons (AOC-CVM-100)  heard in small claims court by a magistrate  A small claims action is a civil case for $10,000 or less where the plaintiff seeks money, recovery of personal property, summary ejectment, or any combination thereof.  Served no later than 5 days scheduled for hearing 25. Civil summons (AOC-CV-100)  This could include breach of contract, personal injury, automobile negligence cases, medical malpractice; family law matters such as divorce, child support, child custody

 Defendant must answer plaintiff within 30 days  District court or superior court  Money over $10,000  Served or not served must be returned within 60 days of issue date 26. Special proceedings summons (AOC-SP-100)  Heard initially by the clerk  Proceedings as adoptions, adjudications of incompetence, name changes, proceedings to partition land, administration of decedent’s estate with or without a will, and foreclosure.  Should be served immediately but has up to 60 days from the date issued  Defendant must answer within 10 days of being served 27. Partition proceeding summons (AOC-SP-101)  Used when multiple parties own an undivided piece of land and want to split it up.  Defendant has 30 days to answer  Should be issued immediately but has up to 60 days from the date issued 28. Notice of hearing – power of sale foreclosure  10 days prior to hearing date if done in person  20 days prior to the hearing date if posted 29. Where the holder of a mortgage or deed of trust against real property asks the court to order sale of that property to regain title over it or to satisfy any outstanding amount owing on the mortgage or deed of trust.  Foreclosure 30. Juvenile summons (undisciplined/delinquent) (AOC-J-340  Served in person to juvenile & parent, guardian, or custodian  Served 5 days before hearing date  If unserved after 30 days it must be returned to the clerk 31. Juvenile summons (abuse/neglect/dependent) (AOC-J-142)  Served in person to juvenile & parent, guardian, or custodian  Served at least 5 days before hearing  If it remains unserved after 60 days it must be returned to the clerk 32. Summons in proceeding to terminate parental rights (AOC-J-208)  Must be served in 60 days  The summons tells the parent (who is termed the “respondent”) that an answer to the petition must be filed within thirty (30) days with the clerk of court. 33. Is a legal process that commands a person to appear in court at the appointed time, subject to a penalty for failure to do so  Subpoena 34. Two kinds of subpoenas:  To testify  To produce evidence 35. How can a subpoena to testify be served?  May be served in person  By phone  By mail

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