Log In Create Account
Beta

Flashcards Studio

Practice bar questions and get clear AI feedback on every answer.

Question Type
Question Source
0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
Next

Question

In an action filed in the Regional Trial Court, Branch 7, by X against Y, a private corporation, 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 Y. The summons is served on Y by a private process server engaged by X. Y objects that the summons was not properly issued because it was issued by the wrong official. Which of the following statements is correct? (a) Who has the authority to issue the summons in a civil action? (b) Can a private individual issue the summons or direct its issuance? (c) If the summons was not properly issued, what remedy may the plaintiff pursue to cure the defect and proceed with the action?

Choose the Best Answer

Clara

Hello