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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

In an action filed in the Regional Trial Court, Branch 88, the complaint is filed and the summons is issued by the Clerk of Court of Branch 15 (the wrong branch) using the seal of Branch 15 and directed to the defendant. The summons is served on the defendant by a private process server engaged by the plaintiff. The defendant objects that the summons was not properly issued because it was issued by the wrong official. Which statement best answers the By Whom Issued issue?

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The judge may issue summons if the defendant's presence is essential to proceed; the remedy is to treat the service as valid. The summons must be issued by the Clerk of Court of the court where the action is commenced; a private individual cannot issue; if issued by the wrong official, the remedy is to have a new summons issued by the proper Clerk of Court and re-serve the defendant; the action cannot proceed until proper summons issues. If the summons was issued by the wrong branch but personally served to the defendant, the summons is valid; the defense's objection fails. The summons may be issued by the Clerk of Court of any branch of the RTC as long as the seal used is of the proper court; no reissuance is required even if it was issued by the wrong branch.

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