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To start a Small Claims Court action, the Plaintiff completes the Claim Affidavit (Form 2) and files it with the clerk of court. Then, the Plaintiff arranges for service of a copy of the completed Claim Affidavit and five (5) other forms from the Small Claims Court packet on the Defendant.
Hear this out loud PauseUpon a filing party's request, an original pleading or document in any civil action, which by law is required to be filed in the clerk of court's office where the action is pending, may be removed from the files for the purpose of serving it either inside or outside the state but must be returned without delay.
Hear this out loud PauseIt is a document that details your efforts as a process server to find a defendant and is submitted to the court as evidence of your work. Quality, accurate, and timely proofs are what keep our customers coming back.
An affidavit, declaration of service, or certificate of service gives the court proof of service.
Hear this out loud PauseUpon written request of a defendant the prosecuting attorney shall permit the defendant to inspect and copy or photograph any results or reports of physical or mental examinations, and of scientific tests or experiments, or copies thereof, within the possession, custody, or control of the prosecution, the existence of ...
(2) If the party is within this state and cannot be found, but the party's address is known or can with reasonable diligence be ascertained, the summons may be served upon the party by sending a copy by any form of mail or third-party commercial delivery addressed to the party and requiring a signed receipt and ...
The introductory paragraph should begin, "Defendant John Smith respectfully moves for summary judgment. As reasons for this motion?." Then list your arguments, as in the motion itself. Some practitioners state that you should not repeat language word for word, but I disagree.