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All Jurisprudence based

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

An action for damages is filed in the Regional Trial Court, Branch 93. The complaint is filed and the summons is issued by the Clerk of Court of Branch 12 (the wrong branch) using the seal of Branch 12 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 sheriff may issue the summons in lieu of the clerk if the clerk is unavailable, using the court's seal. The clerk of court of any RTC branch may issue the summons using that branch’s seal. If the summons is issued by a wrong official, there is no remedy; the action must be dismissed. The summons must be issued by the clerk of court of the court where the action is pending; a private individual has no power to issue summons; if issued by the wrong official, the proper remedy is to move for reissuance by the proper issuing officer to cure the defect.

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