Elizabeth Esparza Test3.docx - Elizabeth Esparza Para1 Test...

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Elizabeth Esparza Para1 Test 3 1. A civil action 2. Commenced by: a. Filing a complaint with the court and serving the summons and complaint within ten days of the court filing date; or b. By service of a summons and complaint. 3. The summons and complaint must be served by a non-party who is at least eighteen years of age. Issues: When commencing a civil action you must file a complaint with the court and serve the summons and complaint within ten days of the filing or serving the summons and complaint. Did Nancy violate Rule 4 by serving the summons before filing the complaint? Summary Conclusion: Yes, the rule clearly states that the summons and complaint is to be filed 10 days after the complaint is filed in the court or the summons and complaint must be served together. The facts state that Nancy had the summons served and then filed it with the court. Facts: Nancy is suing Ned for a divorce. She served a summons on Ned, and then filed it with the court. Analysis: 1. A civil action 2. Commenced by: a. Filing a complaint with the court and serving the summons and complaint within ten days of the court filing date; or b. By service of a summons and complaint. 3. The summons and complaint must be served by a non-party who is at least eighteen years of age. Neither side would dispute elements one and three of rule 4. The dispute will be over the second element- whether Nancy served Ned correctly.
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