Plaintiff cant mail the summons to defendant o but

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Plaintiff can’t mail the summons to defendant o But the defendant (the AG) could mail summons to himself (the defendant) AG = defendant So people driving in PA could be sued and served o Nowadays, we have the Long-Arm Statute (instead of Non- resident Motorist Act)
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Driving in the state is one point of contact But you can also come in by train, plane, walking, etc. All these are relationships to Philadelphia Based on International Shoe Case As long as you have “minimum contact with jurisdiction of court”, then AG becomes your agent, and we can mail you summons via AG o AG can send letter to defendant (send summons to himself, technically) What is minimum contact? Usually more than just stepping into state If you actually do something there, then you may have minimum contact o How to approach the three types of jurisdiction Make a chart What states are involved? o These are represented in columns State jurisdiction, case jurisdiction, person jurisdiction? o These are represented in rows This forms a grid o Must be able to answer “yes” to everything For example, NJ PA DEL MD SM Y Y Y Y C Y Y Y N P Y Y N N Tort law – every state has tort law o Tort is personal injury o Only problem with subject matter jurisdiction is when you’re looking at difference between state and federal law, or if you’re looking at difference between general court and special court Otherwise, answer in subject matter is always yes in every state because there is no legal issue that all states can’t deal with Therefore, unless you go to federal court or specialty court, answer for subject matter is always yes in state court If there is Long Arm Statute, why would anyone need to be served in person – wouldn’t they have minimum contact? Depends – NJ may have better laws for plaintiff, for example
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o How do you serve defendant? That’s the most important part You can serve the defendant because he lives in the state, because he works there, because he is there, because he gives consent, or because of Long Arm Statute (which you can only use if there is minimum contact) o Need due process and due notice Civil case o First question you need to ask: “Do you really want to sue?” Time and money costs associated with suing Emotional and mental involvement Unless you’re really ready to sue, don’t sue o Next, get an attorney Can be an attorney for yourself Most people hire an attorney Can go by flat fee basis – charge by the hour o Keep track of every minute Can charge pro bono – for free o Helps, but not the best option o If you don’t have enough money or something o Might get a divorce attorney for a tort case Contingent-fee basis o If we win case, attorney takes a substantial percentage of winnings o If we lose, you don’t pay anything o Now, begin process Like a tennis match – volley and serve Plaintiff goes to city hall annex, files forms, which tell city that you want to bring up lawsuit in court of common pleas – tell who you’re suing, small statement regarding what it’s about, where defendant lives, and who attorney of plaintiff is That information is what goes on the summons The summons statement has o Plaintiff’s attorney’s name, which court, time within which
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