Chapter 6 - Litigation Documents



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6.2

The Summons

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    • Example of a Summons

    INTRODUCTION

    Here we go. These documents are all form based, so don't try to recreate the wheel, whether in class or on the job. The summons is provided here in pleading form, but in most jurisdictions, there is a form that the court provides. Visit a court house near you, or (even better) go online and search for an electronic version of a summons from a court in your jurisdiction.








    Lecture Notes . . .

    THE SUMMONS

    While a summons is a comparatively simple document, it is also very important. It is part of the due process rights every defendant has. The summons fulfills the right to be noticed as to pending litigation. The summons is served with the complaint. ("Notice" is one of the most important words in the legal field.)

    Part of the summons is the Affidavit of Service. The affidavit of service states the manner in which the summons was presented to the defendant. It is signed and sworn to by the person who serves the summons, such as a sheriff or process server.

    You may also use the summons template In the Legal Writing Labs.

    Paralegal Perspective . . .

    When representing a client authority is everything. Any argument before the court must be based on authority. While there are various kinds of authority, the fundamental difference is between primary and secondary authority. Primary authority is law. Secondary authority is non-law. Thus, when researching a paralegal uses secondary authority (non-law) to locate primary authority (law).

    Non-authority is another kind of authority. It is authority that would never be used by the court in coming to its decision. Non-authority may serve as a good research tool (such as an index), but it would never be used in legal writing.

    Commonly Asked Questions . . .

    If the tool below does not function properly in your browser, click here to open in a new window.



    The Good, The Bad, and The Ugly Time Sheets




    You are required to keep track of your billable hours when working on legal research and writing assignments and to turn them in with your written assignments. Click on the examples of Time Sheets below to zoom in and compare. Yours should look like the Good example.

    Image of a good time sheet

    The Good

    Notice the accurate hours and the detailed descriptions.

    Image of a bad time sheet

    The Bad

    Not a very accurate time sheet. Very little attention to detail.

    Image of an ugly time sheet

    The Ugly

    Obviously created after-the-fact. Don't let your time sheet look like this!

    CLICK HERE TO DOWNLOAD A TIME SHEET that automatically adds up your billable hours. You should keep track of any research or writing you perform on behalf of your client, including training exercises and assignments in this program.

    Reminder
    Legal Writing Lab
    It is recommended that you use the Legal Writing Labs when you are creating your documents. The Labs allow you to work on the written assignment online while receiving both text-based and audio guidance for every step of the process. JUST CLICK HERE!