12(b)(4) motion for insufficient process what is it?

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lovelaw27
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Joined: Thu Dec 18, 2008 6:35 am

12(b)(4) motion for insufficient process what is it?

Postby lovelaw27 » Sat Aug 14, 2010 5:39 pm

Is it like when the case is filed in the wrong court or what? We had it on our civ pro 1 final essay portion which I think is funny because we basically didn't talk about it all semester.

rynabrius
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Re: 12(b)(4) motion for insufficient process what is it?

Postby rynabrius » Sat Aug 14, 2010 5:48 pm

See rule 4.

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vanwinkle
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Re: 12(b)(4) motion for insufficient process what is it?

Postby vanwinkle » Sat Aug 14, 2010 5:53 pm

Insufficient process is when something is defective with the process itself, under Rule 4. Something is wrong with the content of the summons or complaint; for example, the summons fails to name the parties or the court.

This is different from insufficient service of process, in which the summons and complaint are fine, but aren't being properly delivered to the opposing party.

lovelaw27
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Joined: Thu Dec 18, 2008 6:35 am

Re: 12(b)(4) motion for insufficient process what is it?

Postby lovelaw27 » Sat Aug 14, 2010 5:57 pm

vanwinkle wrote:Insufficient process is when something is defective with the process itself, under Rule 4. Something is wrong with the content of the summons or complaint; for example, the summons fails to name the parties or the court.

This is different from insufficient service of process, in which the summons and complaint are fine, but aren't being properly delivered to the opposing party.


Thank You

idk
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Re: 12(b)(4) motion for insufficient process what is it?

Postby idk » Sat Oct 13, 2012 6:54 am

is this the sort of information that would be on a commercial outline (barbri, kaplan, etc.)? i wonder if commercial outlines can help students deal with exam questions that relate to unfamiliar material.

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I.P. Daly
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Joined: Fri Nov 19, 2010 3:27 pm

Re: 12(b)(4) motion for insufficient process what is it?

Postby I.P. Daly » Sat Oct 13, 2012 3:01 pm

An attorney recommended that I read O'Connor's Federal Rules for civil procedure. I think it's really helpful for civ pro. You can probably get it at your LS library. Also, used older editions are really cheap on Amazon.




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