The written response must be made within 20 days of personal service, or within 30 days of the time when service by any other means is complete.
A summons with notice is a type of summons. The summons with notice is not served with the complaint. It contains all of the information described above for the summons, plus a brief description of the type of case and the relief the plaintiff is asking the court to grant.
Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default.
(b) Document Demand: As the name indicates, this is a written demand in which one party demands that the other produce certain documents for inspection and copying. (This device is also referred to as a notice of discovery and inspection). The demand must define the items sought with reasonable particularity.
A summons with notice or summons and complaint must be served within 120 days of filing with the County Clerk.
After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed.
Discovery is the formal process by which the parties to a case in court exchange information about the case. This includes information about the witnesses and evidence to be presented at trial. Its purpose is to make the parties aware of the evidence which may be presented at trial.
Undeniably, if you ignore a request for information, the other party will either ask again or pursue a court order that forces you to provide evidence. This request, a motion to compel, requires submitting a formal request to a judge and asking them to intervene and request information.
Discovery allows you to get information and evidence from the other party or other persons you can use in your lawsuit.