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Flashcards in Superior Courts Advanced Deck (33)
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1
Q

A Praecipe for Publication usually comes with 3 documents stapled together. What are the documents and the codes for them?

A

PSP - Praecipe for Publication AFF - Affidavit NF - Notice of Suit Hint: a good way to remember these is PAN

2
Q

How do you enter a 53.1 on Odyssey and what do you do with it after that?

A

You enter the code PSW and put the date and time of filing in the comments box. You then take a copy downstair to the Division Manager’s office and log it into the Praecipe log book.

3
Q

If an Amended Complaint is filed in your court for the first time on a cause and an answer has not been filed, what do you do with it?

A

If it is the first Amended Complaint and the defendant(s) have not filed an answer, file stamp the document and enter it on the events tab.

4
Q

If you have been given a stack of Motions for Proceedings Supplemental, what is the easiest and quickest way to enter them?

A

By using the Add Group Events feature on Odyssey.

5
Q

If your judge approves a change of judge and the parties have selected a judge, what do you do next?

A

Complete the Special Judge form and return it to your judge for signature. Once it is signed you send the form and the file to the court of the selected judge.

6
Q

What can happen if a judge does not take action on a motion in the required time frame?

A

The party can submit a Praecipe for Submission of Withdrawal 53.1.

7
Q

What do you do when an Amended Complaint has additional Parties on it?

A

If there are additional defendants, you need to add them to the Parties tab. You will also need a check for $10 per additional defendant. Assess this amount on the Financial tab. Bring the check down stairs to the accounting inbox in 122. If defendants are substituted but the number of defendants remains the same, no additional fees are needed.

8
Q

What does Balance Due tell us and what do you do when a filing is regarding this.

A

A Balance Due (in whatever form submitted - statement, affidavit, document or letter) is a filing showing what the holder of a judgment or their attorney shows as the amount still outstanding or due. The accounting department sends a request for this information when the Clerk’s Office records reflect that the judgment is almost paid off. Enter the event on Odyssey and forward a copy to the accounting department.

9
Q

What do you do when you have an order for the Clerk to strike a member of a panel?

A

You bring it to your team leaders office. It is then given to to Division Manager to strike. The Manager will then send it back to the court.

10
Q

What do you do when you receive a Special Judge file?

A

You give it to the judge of your court. If the judge signs accepting the cause, you use reassign on the dteails tab to change the judge and cause number.

11
Q

What do you do with a file that has an order for a change of venue?

A

Take the file to Civil Filing. They will make the arrangements to transfer the file.

12
Q

What do you do with a file that is being removed to Federal Court?

A

Make a complete copy of the file and bring it down to Civil Filing. They will send it to the appropriate court.

13
Q

What do you do with a order for a Special Judge that needs to be randomly selected?

A

You sign the file into the Division Manager’s office. The Division Manager will then randomly select a judge and send it on to that court.

14
Q

What do you do with an Amended Complaint when the defendant has answered or previous Amended Complaints have been filed?

A

If it is not the first or an answer has been filed, then it needs the judge’s approval before it can be file stamped and entered.

15
Q

What do you do with an SR33?

A

You bring it down to Civil Filing. They will complete the form and send it to the BMV.

16
Q

What do you enter for the judgment of a civil forfeiture on the Disposition tab?

A

Nothing. The order of judgment and the satisfaction of judgment come together making this step unnecessary.

17
Q

What document is filed along with the Order on a civil forfeiture and why is it filed?

A

The Satisfaction of Judgment. Since the State has already seized the property, the judgment is fully satisfied.

18
Q

What does a Motion to Continue ask for?

A

It asks for a hearing that is currently set to be vacate and set for a later date.

19
Q

What does in persona mean when referring to a judgment?

A

It means there is a personal judgment against a party or parties.

20
Q

What does In Rem mean?

A

The lawsuit and judgment is against a property.

21
Q

What does reduced to judgment mean and what extra step do you have to take after entering the order on Odyssey?

A

Monies that were owed to one of the parties are now being placed on the public record in the form of a judgment. This often happens where a debt was previously acknowledged and arrangments to pay were established but not adhered to. You need to add the judgment on the disposition tab in Odyssey.

22
Q

What is a Order for Body Attachment?

A

It is an order telling the sheriff to pick a person up and bring them to the court.

23
Q

What is a Civil Forfeiture and what do you do with the order?

A

It is when the State confiscates property that may have been used or gotten through the commission of a crime. It goes on to the CCS as an Order Granting Default Judgment event.

24
Q

What is a Garnishee Defendant?

A

It is a person or entity that controls funds of a judgment defendant. For example it can be a bank, credit union, employer or a trustee.

25
Q

What is a garnishment of wages?

A

It is a deduction taken for a parties paycheck to satisfy a judgment.

26
Q

What is a memorandum of law?

A

It is a document submitted that cites case law to establish a parties argument.

27
Q

What is a Motion for Enlargement of Time?

A

It is a request to extend a date to do something to a future time.

28
Q

What is a Motion in Limine?

A

It is a request to not allow a jury to hear or see certain information.

29
Q

What is a Praecipe for Service by Publicationand what do you do with it?

A

It is a request for a public notice be published in a newspaper. You take it to Civil Filing and they make the arrangements with the newspaper. When it comes back to your court with a file stamp on it, you enter it on Odyssey.

30
Q

What is a Praecipe for Sheriff’s Sale and what do you do with it?

A

It is a request for a property that has been foreclosed on be sold at public auction by the sheriff. This gets taken to Civil Filing and they arrange for the sale. They also enter all events and information on Odyssey.

31
Q

What is a Proceedings Supplemental?

A

It is the process of attempting to collect on a judgment that has been granted.

32
Q

What is a Satisfaction of Judgment and what extra steps do you need to take after entering the event?

A

If it was filed by the Plaintiff or holder of judgment: Go to the disposition tab on Odyssey and satisfy the judgment. If it was filed by the party owing the judgment: send it to the judge for approval before satisfying the judgment. Send a copy of the satisfaction to the accounting department so that they have it for their records.

33
Q

What is an Income Withholding Order?

A

It is an order for a Garnishee Defendant to withhold monies from a person’s paycheck for the payment of child support.