Exam 6: Introduction to Federal Procedure

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The defendant may bring an action against a person other than the plaintiff to obtain indemnity or contribution from that person for the liability that the defendant has to the plaintiff by serving a upon that person.

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DEFINE -summons

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The U.S. marshal makes a record of the service of process in a document called the .

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When is a counterclaim compulsory?

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DEFINE -motion

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DEFINE -waiver

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Even if the defendant admits allegations contained in the complaint, the plaintiff still must prove the facts concerning the allegations.

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In federal court, when the complaint is duly filed and the filing fee paid, the clerk of court prepares a which the lawyer must attach to a copy of the complaint. A separate summons must be issued for each defendant. The clerk of court assigns a file number to the action when the complaint is filed.

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DEFINE -count

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Who may serve a subpoena?

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