QUESTION SET ONE
◉ What are the four primary functions served by civil processes?
Answer: 1. Give notice
2. Preserve the status quo
3. Provide remedies for parties
4. Enforce the decision of the courts
◉ How many parties are generally involved in a civil suit? What are
the parties called? Answer: 2 parties in a civil suit. The Plaintiff and
the Defendant.
◉ When does a civil action begin? Answer: When the plaintiff files a
complaint with the Clerk of Superior Court.
◉ When must a civil summons be served? Answer: Within sixty (60)
days of the issue date.
◉ What is the definition of a summons? Answer: Notification of
service.
,◉ What is the definition of a complaint? Answer: The initial or first
pleading that states the reasons for the lawsuit itself.
◉ What does the acronym AOC stand for? Answer: Administrative
Office of the Court.
◉ What kind of summons does AOC-CVM-100 refer to? Answer:
Magistrates Summons. (the M in cvM)
◉ There are three types of complaints that small claims courts
(Magistrate's Court) will handle, what are they? Answer: 1. Civil
cases of $10,000 or less
2. Possession of personal property
3. Summary ejectment (eviction)
◉ What summons does AOC-CV-100 refer to? Answer: Civil
Summons (the CV stands for civil).
◉ What does a civil summons tell the person served to do? Answer:
To appear in court or file a written "answer" to the lawsuit with the
plaintiff and the Clerk of Superior Court, the time restrictions in
doing so, and the possible consequences for the failure to take
action.
, ◉ What summons does AOC-SP-100 refer to? Answer: Special
Proceedings Summons (SP refers to Special Proceedings).
◉ Who initially hears a special proceeding? Answer: It is initially
heard by the clerk.
◉ What is a special proceeding used for? Answer: Such proceedings
as adoptions, name changes, partitions, administrations of
decedent's estate with or without a will, incompetent's estate and
foreclosure for failure to pay mortgages.
◉ In a special proceeding what is the plaintiff called? Answer: A
petitioner.
◉ In a special proceeding what is the defendant called? Answer: A
respondent.
◉ In a special proceeding what is the complaint called? Answer: A
petition or motion.
◉ What does a special proceeding summons tell the defendant to
do? Answer: File a written answer with the petitioner and clerk
within ten (10) days.