Chat with AIExam 5: Filing the Lawsuit, Service of Process, and Obtaining a Default Judgment
Go to the Web site for your state courts and determine if any levels of your state courts permit e-filing. If there is an e-filing system, what is its name? Is there a tutorial for its use? How does an attorney access and use the system? If not, are there plans to implement an e-system?
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VerifiedThis answer will vary depending on the student's jurisdiction.
Consider grounds for setting aside a default judgment, then speculate on why an affidavit of nonmilitary service of defendant is required in most jurisdictions.
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Answered by Examlex AI CopilotGrounds for setting aside a default judgment may include lack of proper service of the lawsuit, excusable neglect by the defendant, or newly discovered evidence.
An affidavit of nonmilitary service of the defendant is required in most jurisdictions because it is a way for the court to ensure that the defendant is not protected by the Servicemembers Civil Relief Act (SCRA). This federal law provides certain protections to active duty military members, including a stay of proceedings if the defendant is on active duty. By requiring an affidavit of nonmilitary service, the court can verify that the defendant is not protected by the SCRA and proceed with the default judgment accordingly. This requirement helps to ensure that the defendant's rights are protected and that the court's judgment is enforceable.
Go to the Web site for your state courts and determine if any levels of your state courts permit e-filing. If there is an e-filing system, what is its name? If not, are there plans to implement an e-system? Is there a tutorial for its use? How does an attorney access and use the system?
(30) VerifiedConsider having students take any available online tutorial. Student answers should address whether an account is needed, cost and whether it is per access or yearly subscription, how to pay, login process, how documents are properly entered (conversion), requirement of consent to be served, how you know a document is filed, and other factors.
Out-of-state defendants can be served through long-arm laws if they have sufficient contacts with the plaintiff.
(31) If the award requested in an action is a sum certain and the defendant is neither a minor nor incompetent, judgment shall be entered by the
(40) A Notice of Lawsuit and Request for Waiver of Service of Summons
(42) A party that is a nongovernmental corporation must disclose in its first action in the case
(26) Good cause to set aside a default judgment includes all of the following except
(36) You want to serve Mercury Parcel Service, Inc. with a copy of the complaint in the Forrester matter.
Using your state statute, identify the procedures for serving a corporation. Prepare the documents for serving Mercury Parcel Service.
(36) The automatic Notice of Electronic Filing constitutes the electronic service of the filed document.
(29) In serving an officer of the United States, service is complete simply by serving a copy of the summons and complaint on the U.S. Attorney General.
(45) What is the practical goal of service of process? What are the federal and your state time limits for service?
(24) What event marks the commencement of a lawsuit in the federal court system? What usually commences the action in most state systems?
(33) Service of process should be accomplished by mail only if personal service fails.
(34) Although the complaint has been drafted, what should be checked on the complaint before filing?
(31) What forms are needed to secure service by the U.S. marshal or by a process server specially appointed by the court?
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