CLPS Legal Terminology & Court Procedures 4 — Questions and Answers
Question 1: What is a 'bench warrant' and how does it relate to process service?
- An order authorizing a process server to enter private property
- A court-issued warrant for the arrest of a person who failed to appear or comply with a court order (Correct answer)
- A subpoena requiring testimony before a judge
- A warrant requiring law enforcement to assist with service
Correct answer: A court-issued warrant for the arrest of a person who failed to appear or comply with a court order
A bench warrant is issued by a judge when someone fails to appear in court or comply with a court order, authorizing law enforcement to arrest and bring that person before the court.
Question 2: The concept of 'due diligence' in process serving requires a server to:
- Complete service on the first attempt or abandon the case
- Make reasonable and good-faith efforts to locate and serve the defendant before alternative methods are authorized (Correct answer)
- Hire a licensed investigator to locate defendants
- Obtain court approval before every service attempt
Correct answer: Make reasonable and good-faith efforts to locate and serve the defendant before alternative methods are authorized
Due diligence in process serving requires documenting multiple reasonable attempts to serve at different times and days before courts will authorize alternative service methods.
Question 3: What is the 'statute of limitations' and how does it affect process servers?
- A law limiting how many cases a process server can handle per month
- A law specifying the time period within which a lawsuit must be filed and service completed (Correct answer)
- A restriction on serving process on weekends or holidays
- A limit on the geographic distance a server can travel to serve process
Correct answer: A law specifying the time period within which a lawsuit must be filed and service completed
The statute of limitations sets the deadline for initiating legal action, and process servers must ensure timely service to avoid claims being time-barred.
Question 4: A 'deposition' subpoena served by a process server requires the recipient to:
- Appear in court to testify at trial
- Appear at a designated time and place to give sworn testimony outside of court (Correct answer)
- Provide written answers to interrogatories
- Submit to a physical examination
Correct answer: Appear at a designated time and place to give sworn testimony outside of court
A deposition subpoena compels a witness to appear at a specified location to give sworn oral testimony that is recorded, typically used during the discovery phase before trial.
Question 5: What does the legal term 'ex parte' mean in court proceedings?
- With full participation of all parties
- Involving or done for only one party, without notice to or argument from the other side (Correct answer)
- After a final judgment has been entered
- Conducted in a foreign jurisdiction
Correct answer: Involving or done for only one party, without notice to or argument from the other side
Ex parte proceedings or orders involve only one party, typically used in emergency situations where providing notice to the opposing party would defeat the purpose of the relief sought.
Question 6: When serving a corporation, which individual is typically considered an acceptable agent for service of process?
- Any employee present at the business location
- The registered agent, officer, managing agent, or other authorized representative designated by the company (Correct answer)
- The company's outside legal counsel only
- The highest-ranking employee available at the time of service
Correct answer: The registered agent, officer, managing agent, or other authorized representative designated by the company
Most jurisdictions require service on a corporation's registered agent, officer, director, managing agent, or other person specifically authorized to accept service on the company's behalf.
Question 7: The term 'quash' in the context of a subpoena means to:
- Enforce the subpoena through contempt proceedings
- Void or invalidate the subpoena, often through a court motion (Correct answer)
- Extend the deadline for compliance with the subpoena
- Transfer the subpoena to a different jurisdiction
Correct answer: Void or invalidate the subpoena, often through a court motion
To quash a subpoena means to have it set aside or invalidated by a court, typically through a motion arguing improper service, undue burden, or privilege.
CLPS Legal Terminology & Court Procedures 4
What is a 'bench warrant' and how does it relate to process service?