RULES OF CIVIL PROCEDURE For the Trial Division of the Yap ...
RULES OF CIVIL PROCEDURE For the Trial Division of the Yap ...
RULES OF CIVIL PROCEDURE For the Trial Division of the Yap ...
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Comment: Due recognition <strong>of</strong> <strong>the</strong> traditions and customs <strong>of</strong> <strong>the</strong> people <strong>of</strong> <strong>the</strong><br />
State <strong>of</strong> <strong>Yap</strong> is specifically mentioned in this rule to reflect <strong>the</strong> purpose <strong>of</strong> <strong>the</strong> State<br />
Judiciary Act.<br />
Rule 2. One <strong>For</strong>m <strong>of</strong> Action.<br />
There shall be one form <strong>of</strong> action to be known as "civil action".<br />
II. COMMENCEMENT <strong>OF</strong> ACTION; SERVICE <strong>OF</strong> PROCESS,<br />
PLEADINGS, MOTIONS AND ORDERS<br />
Rule 3. Commencement <strong>of</strong> Action.<br />
A civil action is commenced by filing a complaint with <strong>the</strong> court.<br />
Rule 4. Process.<br />
(a) Summons: Issuance. Upon filing <strong>of</strong> <strong>the</strong> complaint <strong>the</strong> clerk <strong>of</strong> court shall<br />
forthwith issue a summons and deliver it for service to a policeman or to any o<strong>the</strong>r person<br />
authorized by Rule 4(c) to serve it. Upon request <strong>of</strong> <strong>the</strong> plaintiff, separate or additional<br />
summons shall issue against any defendants.<br />
(b) Summons:<strong>For</strong>m. The summons shall be signed by <strong>the</strong> clerk, be under <strong>the</strong> seal <strong>of</strong><br />
<strong>the</strong> court, contain <strong>the</strong> name <strong>of</strong> <strong>the</strong> court and <strong>the</strong> names <strong>of</strong> <strong>the</strong> parties, be directed to <strong>the</strong><br />
defendant, state, <strong>the</strong> name and address <strong>of</strong> <strong>the</strong> plaintiff's attorney or trial counselor, if any,<br />
o<strong>the</strong>rwise <strong>the</strong> plaintiff's address, and <strong>the</strong> time within which <strong>the</strong>se rules require <strong>the</strong><br />
defendant to appear and defend, and shall notify him that in case his failure to do so<br />
judgment by default will be rendered against him for <strong>the</strong> relief demanded in <strong>the</strong><br />
complaint.<br />
(c) By Whom Served. Service <strong>of</strong> process shall be made by a policeman or by some<br />
person specially appointed by <strong>the</strong> court for that purpose, except that a subpoena may be<br />
served as provided in Rule 45. Special appointments to serve process shall be made<br />
freely.<br />
(d) Summons: Personal Service. The summons and complaint shall be served<br />
toge<strong>the</strong>r. The plaintiff shall furnish <strong>the</strong> person making service with such copies as are<br />
necessary. Service shall be made as follows:<br />
(1) Upon an individual, o<strong>the</strong>r than a person younger than 14 years old or an<br />
incompetent person, by delivering a copy <strong>of</strong> <strong>the</strong> summons and <strong>of</strong> <strong>the</strong> complaint to him<br />
personally or by leaving copies <strong>of</strong> <strong>the</strong> summons at his dwelling house or usual place <strong>of</strong><br />
residence or <strong>of</strong> business with some person <strong>of</strong> suitable age and discretion <strong>the</strong>n residing or<br />
employed <strong>the</strong>rein or by delivering a copy <strong>of</strong> <strong>the</strong> summons and <strong>of</strong> <strong>the</strong> complaint to an<br />
agent authorized by appointment or by law to receive service <strong>of</strong> process. Reasonable<br />
attempts shall also be made by <strong>the</strong> person serving <strong>the</strong> summons and complaint to inform<br />
<strong>the</strong> person served that <strong>the</strong> summons and complaint are important documents issued by <strong>the</strong><br />
court that require. prompt attention and response.