Summons

[marylee]

Two parties are named in a civil suit by the plaintiff, one of the parties is served a summons, the other party is named in the summons but not served within the 30 days allowed by the summons served to the first party. Does this act deny either party due process as the testimony of both parties is critical to addressing the complaint before the court? Also if the filing date on the summons is mis-dated is the summons void? This is happening in the state of North Carolina.

 

[JETX]

No. The fact that the Plaintiff did not serve or due to failure of service on both named parties does not release the served Defendant from liability. The party that received the summons is still responsible for answering and appearing (assuming valid service).

If the 'served Defendant' requires testimony or answers from the 'non-served Defendant', then the served party should either arrange for the non-served to step forward and respond, or arrange to subpoena the non-served as a witness for the served party.

I don't understand what contradiction you are referring to in "the filing date on the summons is mis-dated". What was mis-dated??? If it not a critical fact, or a was a 'scribners error' (typo) then it does not waive the validity of the summons. This is a question that would require some very specific details and issues of law that would need to be determined by an attorney in your jurisdiction.

 

[marylee]

Thank You! The date stamped on the summons as the file date was mis-dated the year 2001.