Agenda - 02-20-2001-9f - Laserfiche WebLink

Browse Search

M-1, Rule 4 ? §1A-1, Rule 4 RULES of CML PROCEDURE §1A-1, Rule 4 specified in para- you are required to make defense to such pleading not later than 19 ) and upon your failure to do so the mot otherwise be party seek- :nce be served by ing service against you will apply to the court for the relief sought. may be served by the y o ' on in rem or quasi 7151 (Attorney) (Party) (Address) ess by publication (j2) Proof of service. -- Proof of service of process . shall be as pro rocess by publics- follows: newspaper that is (1) Personal Service. - Before judgment by default may be th G.S. 1-597 and had on personal service, proof of service must be provided arty to be served is in accordance with the requirements of G.S. 1-75.10(1). ;here is no reliable , (2) Registered or Certified Mail. -- Before judgment by default then in a newspa- may be had on service by registered or certified mail, the is pending. If the serving party shall file an affidavit with the court showing h reasonable dill- proof of such service in accordance with the requirements : party at or imme- of G.S. 1-75.10(4). This affidavit together with the return notice of service of receipt signed by' the person who received the mail if not tted if the post-of- the addressee raises a presumption that the person who de diligence. Upon received the mail and signed the receipt was an agent of with the court an the addressee authorized by appointment or by law to be n accordance with served or to accept service of process or was a person of tances warranting suitable age and discretion residing in the addressee's i, if any, regarding dwelling house or usual place of abode. In the event the presumption described in the preceding sentence is rebut- shall M designate ted by proof that the person who received the receipt at the sed and the title of addressee's dwelling house or usual place of abode was not fitly by the name of a person of suitable age and discretion residing therein, be directed to the the statute of limitation may not be pleaded as a defense if .r that a pleading the action was initially commenced within the period of Ls been filed or has limitation and service of process is completed within 60 a date specified in days from the date the service is declared invalid. Service ing sought; (v) re- shall be complete on the day the summons and complaint ease to such plead- are delivered to the address. iotice, exclusive of (3) Publication. - Before judgment by default may be had on of the first publica- service. by publication, the serving party shall file.an affi- •equired to be filed, davit with the court showing the circumstances warrant- upon his failure to ing the use of service by publication, information, if any, )lication will apply regarding the location of the party served which was used f attachment, state in determining the area in which service by publication e subscribed by the was printed and proof of service in accordance with G.S. the post-office ad- 1-75.10(2). substantially in the (j3) Service in a foreign country. - Where service is to be of fected upon a party in a foreign country, in the alternative service of the summons and complaint may be made W in the manner prescribed by the law of the foreign country for service in that PUBLICATION country in an action in any of its courts of general jurisdiction; or COUNTY (ii) as directed by the foreign authority in response to a letter roga- tory, when service in either case is reasonably calculated to give actual notice; or (iii) upon an individual, by delivery to him person- ally, and'u on a corporation or partnership or association, by deliv- son to be served]: ery to an officer or a managing or general agent; or (iv) by any form iinst you (has been of mail, requiring a signed receipt, to be addressed and dispatched 19 ) in by the clerk of the court to the party to be served; or (v) as directed The nature of the by order of the court. Service under (iii) or (v) may be made by any person authorized by section (a) of this rule or who is designated by order of the court or by the foreign court. On request, the clerk shall 17