Indiana Trial Rule 4-4.17 and Frcp in Essay

  • Length: 2 pages
  • Subject: Business - Law
  • Type: Essay
  • Paper: #6334983
  • Related Topics: Civil Procedure

Excerpt from Essay :

Indiana trial rule 4-4.17 and FRCP

In the legal system there are many rules, both federal and state, that govern the process for how things are done within the system. Two of these rules are Indiana Trial rules 4-4.17 and Federal Rule of Civil Procedure 4. Both of these rules have to do with issuing summons for a court case. According to the Indiana Trial rules a summons must include the name and address of the person for whom the service is for, the name, street address, and telephone number of the court and the cause number that has been assigned to the case, the name of the case that is on the complaint, but, if there are numerous parties, the name may be abridged to comprise only the first named plaintiff and defendant with a suitable suggestion that there are supplementary parties, the name, address, and telephone number of the attorney for the person requesting service and the time limit that the person being served has to answer, and a clear declaration that in case of their failure to respond, judgment by default may be delivered against them. The person requesting service or their attorney may select the mode of service in which the summons will be served. If not chosen, the clerk will issue service by mail or other public way provided that the mailing address of the person to be served is provided in the summons or can be obtained. If a mailing address is not given or cannot be found or if service by mail or other public way is returned, the complaint and summons shall quickly be given to the sheriff or his deputy to serve. The rule states that the summons must be issued within a reasonable amount of time.

According to FRCP 4 the summons shall be signed by the clerk, contain the seal of the court, recognize the court and the parties, be aimed at to the defendant, and affirm the name and address of the…

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