Exam 5: Filing the Lawsuit, Service of Process, and Obtaining a Default Judgment

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Generally, when does an action officially begin in state court and in federal court?

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Ask the clerk of court what documents are needed for filing a lawsuit in a state court.

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The judge enters a default judgment for a sum certain.

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Outline the procedure for service of summons in your state. Are there special forms for request of service?

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At the time of filing an action, paralegals should know

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Who is usually immune from service of process? Speculate on why this is so.

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If a hearing is to be held on an application for entry of a default judgment, notice of the hearing must be given to the adverse party before the hearing.

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A default judgment against one defendant may preclude proceeding against other defendants.

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Filing the complaint

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Generally, when does an action officially begin in state court and in federal court?

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Default judgments may award amounts greater than those requested in the complaint.

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Why is it important to confirm the method of service of process with the attorney before filing?

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A sum certain is a flat fee paid to an attorney.

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A benefit of court e-filing systems is accessibility from outside the law office.

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The issuing of a summons requires the signature of the

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Research your state statutes and pertinent cases to determine the most common factual situations that are sufficient to set aside a default judgment. According to the law, what should the court consider in determining whether a default judgment should be set aside?

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After the initial summons, documents in federal cases may be served electronically

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What cautions apply when seeking default judgments against multiple defendants?

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Typical long-arm statutes require service of process through the secretary of state.

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What are five techniques or sources for locating hard-to-find defendants?

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