Chapter 1 Summary
A plaintiff is the party who sues; a defendant is the party being sued.
A summons and complaint are the first documents prepared to begin a
legal action.
The summons notifies the defendant that an action has been brought
against him or her and that the defendant should appear and defend within
a stated period of time — usually 30 days in state court and 20 days in
federal court.
Failure to respond to a summons and complaint can result in a judgment by
default against the defendant.
A summons that has been properly served by mail should be stamped by
the clerk of the court, have the “Return on Service of Summons by Mail”
section completed, and have an attached return receipt.
Summonses can be served personally, by registered or certified mail with a
return receipt, or by publication.
Litigation documents are filed with the clerk of the court, which may entail
electronic online filing, facsimile transmission, email, or personal delivery to
the clerk’s office.
Every court document has a caption. The caption consists of the name of
the court and venue, style of the case, file or docket number, and title of the
document.
The complaint has allegations in numbered paragraphs and a prayer clause
demanding judgment.
Chapter 2 Summary
To calculate time for serving documents, do not include the first day but
include the last day unless it is a Saturday, Sunday, or a holiday. If fewer
than 11 days (usually 7 days in state cases), exclude the weekends and
holidays. Add 3 days if served by mail.
All documents served after the summons and complaint should have a
certificate of service addressed to the opposing attorney.
A motion to dismiss can be filed before an answer. Some of the reasons for
dismissal are lack of jurisdiction over the subject matter, lack of jurisdiction
over the person, improper venue, insufficiency of process, insufficiency of
service of process, or failure to state a claim on which relief can be
granted.
Many courts require that a supporting affidavit accompany a motion to
dismiss, especially on complicated matters.
