Legal Process: Rule 1.070 Overview
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Questions and Answers

Who is responsible for issuing the summons at the commencement of the action?

  • The judge or clerk of the court (correct)
  • The plaintiff's attorney
  • A process server
  • The defendant
  • What must be provided to prove that service of process was made?

  • Proof of service by affidavit (correct)
  • A written notice from the defendant
  • A witness statement
  • A sworn statement from the plaintiff
  • If a process is returned not executed, who is entitled to additional process?

  • The defendant
  • The court
  • The party who sought the issuance of the process (correct)
  • Any competent person appointed by the court
  • In the case of multiple defendants, what is required from the clerk or judge?

    <p>Separate writs for each defendant as directed by the plaintiff</p> Signup and view all the answers

    What must be endorsed on the original process and all copies at the time of personal service?

    <p>The date and hour of service</p> Signup and view all the answers

    What is required when service is made by publication?

    <p>Furnishing copies of initial pleadings to the clerk</p> Signup and view all the answers

    When personal service of a court order is made, what must be done with the original order?

    <p>It must be certified or verified by the clerk</p> Signup and view all the answers

    Who can make service of process according to the content provided?

    <p>An officer authorized by law or a competent person appointed by the court</p> Signup and view all the answers

    What must accompany the written request to waive service of a summons?

    <p>A copy of the complaint</p> Signup and view all the answers

    What happens if a defendant fails to comply with a waiver request within the specified time?

    <p>The court may impose the costs incurred for service</p> Signup and view all the answers

    What is the time frame for a defendant outside the United States to return the waiver of service?

    <p>30 days from receipt</p> Signup and view all the answers

    Under what condition is a defendant not required to respond to the complaint within the usual timeframe?

    <p>If they timely return a waiver of service</p> Signup and view all the answers

    Which of the following is NOT required in the notice and request for waiver of service?

    <p>A list of charges</p> Signup and view all the answers

    How is service of process deemed effected in relation to response time?

    <p>20 days before the response is required</p> Signup and view all the answers

    What constitutes sufficient pleading for service under Florida statutes for nonresidents?

    <p>Pleading the basis in statutory language</p> Signup and view all the answers

    What is the maximum amount of time a defendant has to respond upon returning a waiver of service?

    <p>60 days</p> Signup and view all the answers

    Study Notes

    Process and Service of Summons

    • Summons must be issued immediately upon the commencement of the action, signed by the clerk or judge, and bear the court's seal.
    • Service of process can be performed by an authorized officer or a competent appointed person; proof of service must be submitted via affidavit within the response timeframe.
    • Failure to submit proof does not invalidate the service, but additional process can be issued against unserved defendants.

    Handling Multiple Defendants

    • For multiple defendants, multiple writs of process are issued as per the plaintiff’s request.

    Alternate Methods of Service

    • Service may be executed through publication or other means as specified by law.
    • When serving process personally, a copy of the initial pleading must be provided at the time of service, and details of service timing must be endorsed on all documents.

    Service of Court Orders

    • For personal service of court orders, a certified copy must be used in place of the original; certification is provided free of charge by the clerk.

    Service Fees and Pleading Basis

    • The statutory fee for service is not increased due to the simultaneous delivery of additional documents.
    • When serving nonresidents, it is enough to state the basis for service as outlined in the statute, without detailing the supporting facts.

    Mail Service and Waivers

    • Defendants can accept service by mail without waiving objections to venue or jurisdiction.
    • Plaintiffs can notify defendants of action commencement and request waiver of summons service, requiring specific written criteria.
    • A written request must be sent via certified mail with return receipt, including a copy of the complaint and identifying the court.
    • The request must notify the defendant of consequences for compliance or failure, state the sending date, and give 20 days (or 30 days for international addresses) to respond.

    Failure to Waive and Timeline

    • If a defendant does not comply with the waiver request within the specified timeframe, the court may impose costs for subsequent service unless good cause is shown.
    • A timely waiver returned by the defendant leads to a 60-day response time for the complaint instead of the usual timeframe.
    • Service of process is deemed effective 20 days prior to the response deadline, facilitating smoother proceedings.

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    Description

    This quiz explores Rule 1.070 of the legal process, focusing on the issuance and service of summons. Participants will learn about the responsibilities of the clerk, judge, and authorized officers in serving process. Test your knowledge on the intricacies of legal process initiation!

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