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Which of the following statements is/are generally correct? (i) A civil action is commenced by the plaintiff filing a complaint in a trial court; (ii)
Which of the following statements is/are generally correct?
- (i) A civil action is commenced by the plaintiff filing a complaint in a trial court; (ii) a subpoena (or subpoena duces tecum) must be served on the defendant in order for the court to obtain the power to determine the defendant's rights and liabilities; (iii) unless the case is dismissed as a result of a motion to dismiss, the defendant must file an answer containing affirmative defenses; (iv) the parties may obtain discovery from each other or from third-parties; and (v) the court may enter summary judgement if there are no genuine issues of material fact.
- (i) A civil action is commenced by the plaintiff filing a complaint in a trial court; (ii) a summons must be served on the defendant in order for the court to have the power to determine the defendant's rights and liabilities; (iii) unless the case is dismissed as a result of a motion to dismiss, the defendant must file an answer else risk entry of a default judgement; (iv) the parties may obtain information from each other through the use of, among other things, interrogatories, requests or production, and requests for admission, or from third-parties through the use of subpoenas; and (v) the court may enter a summary judgement if there are no genuine issues of material fact.
- (i) Either party may file a motion for judgement on the pleading, (ii) only the defendant may file a motion for summary judgement, (iii) either party may file a motion for judgement notwithstanding the verdict; (iv) a motion to dismiss may not be filed until after the discovery is complete; and (v) the judge serves as a referee not as a adversary.
- None of the above
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