As a paralegal, it may be your job to file documents, either in person, or electronically, and to then serve the complaint and summons on the defendant. Each court has its own process for filing and serving the defendant, and it will be your job to ensure you are aware of the process. Some states and the federal court system use e-filing. This is the process by which you file documents in a case using the internet. For your assignment this week, research the filing fees, procedure for filing and obtaining a summons in your local state and federal court. Explain in a few paragraphs the following:
- The filing fee for a complaint in your local state court
- The filing fee for the federal court which has jurisdiction over your hometown
- The process for filing a complaint in your local state court
- The process for filing a complaint in the federal court with jurisdiction over your hometown
- Once the defendant has been served with the complaint, how long will the defendant have to respond to the complaint?
- If the Defendant was served on this assignment’s due date, what date would he be required to respond to the complaint by under your state’s rules? How did you calculate this date?
Then, draft a praecipe requesting service of the complaint. Use the facts from the Justin Tyme Complaint we prepared last week, and the praecipe sample provided below.