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7 Cards in this Set

  • Front
  • Back
When is a civil action "commenced" ?
By FILING a complaint with the court.
In Medical Negligence complaint, how much money can you STATE that you demand?
You can't STATE a demand above $10,000
True or False: A court has jurisidiction over the defendant as soon as the complaint is FILED.
Court has no jxn over D until
SERVICE OF PROCESS is perfected on the D.
What day is used to determine Venue?
1) Date malpractice committed
2) Date of Injury
3) Date complaint is Filed
4) Date of Service of process
3) Date Complaint is Filed

IF Service perfected on D within a "reasonable time".
What standard is used to evaluate plaintiff's service on defendant?
"Due Diligence"
no "Laches"
Who has the burden on the Plaintiff's diligence on Service of Process?
1) Defendant claiming Plaintiff committed Laches
2) The Plaintiff who was in charge of getting service
Burden on PLAINTIFF that he acted in
- Reasonable, and
- Diligent
manner to perfect service
- Quickly
What if the trial court concludes that DELAY of service on Defendant occured because of Plaintiff's LACHES?
Trial court may DISMISS the action.