Tennessee State Court Summons or Service of Process

State:
Multi-State
Control #:
US-03186BG
Format:
Word; 
Rich Text
Instant download

Description

Service of process or a summons usually involves attaching a copy of the complaint to a summons which is served on the defendant. The summons explains to the defendant what is going on and certain rights that that the defendant has. The summons explains:A. That the defendant is being sued;
B. The name of the Court in which he is being sued;
C. When he must file an answer; and
D. The fact that a default judgment will be entered if no answer is filed.


The summons (or process) is delivered by an office of the court. In many state courts, this can be a deputy sheriff or a professional process server. In exceptional circumstances, when the defendant can not be found, service may be made by publication in a newspaper. The summons must normally be served on the individual defendant. Some states allow service on a member of defendants household if the defendant is not available. A plaintiff must serve a corporate defendant by serving the registered agent or an appropriate officer of the corporation.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.


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FAQ

A subpoena may command a person to produce and permit inspection, copying, testing, or sampling of designated books, papers, documents, electronically stored information, or tangible things, or inspection of premises with or without commanding the person to appear in person at the place of production or inspection.

(1) Service on the attorney or on a party may be made by delivering to the attorney a copy of the document to be served, or by mailing it to such person's last known address, or if no address is known, by leaving the copy with the clerk of the court.

Rule 34.02 provides that a party must produce documents as they are kept in the usual course of business or must organize and label them to correspond with the categories in the discovery request.

(1) Service on the attorney or on a party may be made by delivering to the attorney a copy of the document to be served, or by mailing it to such person's last known address, or if no address is known, by leaving the copy with the clerk of the court.

An alias summons is issued when the original or previous summons has expired without successful service on the defendant.

Follow these three steps to respond to your Summons and Complaint in Tennessee: Address each claim listed in the Complaint. Assert your affirmative defenses. File the Answer with the court and serve the plaintiff.

There is no limit to the number of times a process server can visit you or come to your house to serve you documents. Each process server has their own rules as to how many times they will attempt to serve documents. In most cases, three attempts will be made, and at different times of the day and on different days.

The clerk of the court where the complaint is filed must immediately issue the relevant summons and cause it to be delivered for service to any person authorized to serve Tennessee Process Service, together with necessary copies of the complaint and summons.

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Tennessee State Court Summons or Service of Process