Flashcards Studio

In a civil action for damages arising from a multiple-vehicle collision filed in the Regional Trial Court, the plaintiff served summons by leaving a copy at the defendant’s plant gate with a supervisor who could not positively identify the defendant. On the return date, the defendant, through counsel, appears in court and announces voluntary appearance and that it will file an answer. The court records this as a voluntary appearance, and the defendant promptly files an answer within the period after appearance. After several months, the plaintiff moves for default on the ground that service of summons was defective. (a) Identify the controlling doctrine that applies to voluntary appearance. (b) Explain the effect of voluntary appearance on service of summons and the court’s jurisdiction over the defendant. (c) Given the plaintiff’s motion for default, advise the parties on the proper posture of the case and the remedies available to the defendant, including whether the defendant may challenge service or default in light of the voluntary appearance.