Arkansas Sample Letter for Summons by Publication for Defendant - Affidavit of Counsel
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FAQ
Signing an entry of appearance and waiver of service only means that the party signing the document is giving up his/her right to be served by a sheriff's deputy. It does not mean they agree with the lawsuit or are giving up their right to notice of when any hearings are to be held.
If service of the summons is not made upon a defendant within one hundred twenty (120) days after the filing of the complaint, the action may be dismissed as to that defendant without prejudice upon motion or upon the court's initiative.
A defendant shall file an answer with the clerk of the court within thirty (30) days after the service of the complaint upon the defendant. An answer to a cross-claim and a reply to a counterclaim shall be filed with the clerk of the court within 30 days of the date that the pleading asserting the claim is served.
If the party being served is a person, the papers can be mailed to his or her home or mailing address. If you are giving notice to a business, the papers must be mailed to the owner(s) at the business' main office. If the business has an agent for service, then the papers should be mailed to the agent.
The summons shall be styled in the name of the court and shall be dated and signed by the clerk; be under the seal of the court; contain the names of the parties; be directed to the defendant; state the name and address of the plaintiff's attorney, if any, otherwise the address of the plaintiff; and the time within ...
Every person appearing shall enter his/her appearance by stating his/her name and address. Thereafter, such person shall be deemed a party of record. All participants in the hearing shall have the right to be represented by an attorney licensed to practice law in the State of Arkansas.
Rule 12 substitutes the word "file" for serve and requires that the responsive pleading be filed within the time prescribed by this rule as opposed to serving the pleading as is the case under FRCP 12. By using this terminology, it is believed that arguments can be avoided as to when a pleading was served.
An appearance notice and a summons tell a person they must appear in court to respond to a criminal charge.
