What is a writ of summons in civil law?
A writ of summons is a legal document used in civil law in California. It is a document that notifies someone that they are being sued, and that they must appear in court to answer the complaint. The writ of summons is served upon the defendant, either personally or through a member of their family, or through a process server or other messenger. The writ of summons is the first step in initiating litigation. Within the document, the plaintiff states the nature of the lawsuit, the claims of the lawsuit, and the relief requested. It informs the defendant of the deadline for filing an answer to the complaint, which is usually 20 days from the date of service. In addition to the complaint, the writ of summons may include other documents to be served, such as requests for admission or interrogatories. If the defendant fails to answer the complaint, the plaintiff can apply to the court for a default judgment. A writ of summons is a crucial first step in a lawsuit, and it must be served properly in order for the suit to proceed. This document starts the process of the court case, and sets the stage for the proceedings to come.
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