Civil Procedure – Reading Notes- Class II Rule 3 – commencement of case started w/ filing at clerks office.

Process remains unserved for 90 the P cannot rely upon the original filing to toll the SOL. Unless: 1. the P obtains the issuance of new process w/in 1 year form issuance of the “previous process” 2. if no process was ever issued , the P obtains issuance of process w/in 1 year from the filing of the complaint § 2-1 Duty of Medical Malpractice Claimant to provide Pre-Filing NoticeTCA §29-26-121a-c &e - any person wishing to bring a claim for medical malpractice is required to provide prospective D’s w/ notice w/in at least 60 days before filing. - Subpart c extends SOL and statutes of repose 120 days Rule 4.01– any non-interested person over 18 may serve papers; P counsel intentionally causes delay of issuance the filing of the complaint is ineffective. 4.02 – Requirement of summons, name, date filing number, etc. if no show judgment default 4.03 – Definite time—30 Days within which summons must be served; in not must be returned unserved - must describe the manner of service and the person who attempted to serve complaint 4.04—P shall furnish the server with copies of summons and complaint; must leave copy w. the D and if D attempts to evade service, you may leave w. responsible person at normal abode. * See book sub-sections 1-11 4.05—Service Upon the D outside This State – service pursuant to rule 4.04

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