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    Regional Trial Court: Tejero, Maerian A. Jd3 - Csu College of Law Legal Forms 2022

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    mia tejero
    Harry Potter filed a civil case against Severus Snape for recovery of possession and damages with injunction. Potter filed a motion for issuance of an alias summons because the initial summons served on Snape was returned unserved. Potter argues the address provided for Snape is correct as Potter received a demand letter from Snape at that address. Potter also notes they were not provided a copy of the server's return stating the reason for failure of service as required. As such, Potter contends the server's return is defective and requests an alias summons be issued to properly serve Snape in accordance with the rules of civil procedure.

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    Regional Trial Court: Tejero, Maerian A. Jd3 - Csu College of Law Legal Forms 2022

    Uploaded by

    mia tejero
    62 views2 pages
    Harry Potter filed a civil case against Severus Snape for recovery of possession and damages with injunction. Potter filed a motion for issuance of an alias summons because the initial summons served on Snape was returned unserved. Potter argues the address provided for Snape is correct as Potter received a demand letter from Snape at that address. Potter also notes they were not provided a copy of the server's return stating the reason for failure of service as required. As such, Potter contends the server's return is defective and requests an alias summons be issued to properly serve Snape in accordance with the rules of civil procedure.

    Original Title

    3-Motion-for-the-issuance-of-alias-summons

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    Harry Potter filed a civil case against Severus Snape for recovery of possession and damages with injunction. Potter filed a motion for issuance of an alias summons because the initial summons served on Snape was returned unserved. Potter argues the address provided for Snape is correct as Potter received a demand letter from Snape at that address. Potter also notes they were not provided a copy of the server's return stating the reason for failure of service as required. As such, Potter contends the server's return is defective and requests an alias summons be issued to properly serve Snape in accordance with the rules of civil procedure.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    62 views2 pages

    Regional Trial Court: Tejero, Maerian A. Jd3 - Csu College of Law Legal Forms 2022

    Uploaded by

    mia tejero
    Harry Potter filed a civil case against Severus Snape for recovery of possession and damages with injunction. Potter filed a motion for issuance of an alias summons because the initial summons served on Snape was returned unserved. Potter argues the address provided for Snape is correct as Potter received a demand letter from Snape at that address. Potter also notes they were not provided a copy of the server's return stating the reason for failure of service as required. As such, Potter contends the server's return is defective and requests an alias summons be issued to properly serve Snape in accordance with the rules of civil procedure.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    TEJERO, MAERIAN A.

    JD3 – CSU COLLEGE OF LAW


    LEGAL FORMS 2022

    REPUBLIC OF THE PHILIPPINES


    REGIONAL TRIAL COURT
    Second Judicial Region
    Solana Woods, Cagayan

    HARRY POTTER
    Plaintiff, Civil Case No. 000001
    For: Recovery of Possession
    -versus- and Damages with Injunction

    SEVERUS SNAPE,
    Defendant
    x----------------------------------x

    MOTION FOR THE ISSUANCE OF ALIAS SUMMONS


    Plaintiff thru counsel, unto this Honorable Court, most respectfully
    avers;
    1. That on March 4, 2011, this Honorable Court made an Order requiring
    herein plaintiff to submit a viable address of the defendant as the
    summons to the latter was unserved based on the Serve’s return;

    2. That at this point, plaintiff would like to point-out to this Honorable Court
    that the address of the defendant contained in the plaintiff’s Statement of
    Claim is the correct and exact of address of the defendant. It is evidenced
    of the fact that the demand letter sent by the plaintiff to the defendant
    was received on such address;

    3. That plaintiff was not furnished a copy of the Server’s Return as provided
    for in Section 5 Rule 14 of the Rules of Court which explicitly provides
    that the plaintiff shall be served a copy of the return stating the reason for
    the failure of the service, thus;

    “SEC. 5: Issuance of alias summon. If a summons is returned without being


    served on any or all of the defendants, the server shall also serve a copy of
    the return on the plaintiff’s counsel, stating the reasons for the failure of
    service, within five (5) days therefrom. In such a case, or if the summons has
    been lost, the clerk, on demand of the plaintiff, may issue an alias
    summons.”

    4. That by the non-receipt of the Server’s return to the plaintiff, the latter
    have no due why summon was not served on the defendant or that
    diligent efforts were exerted to locate the address of the defendant.

    Page 1 of 2
    TEJERO, MAERIAN A.
    JD3 – CSU COLLEGE OF LAW
    LEGAL FORMS 2022

    Hence, at this point, plaintiff highly contends that the Server’s Return is
    defective.

    5. That all being said, plaintiff taking into consideration that the summon to
    the defendant was returned unserved and likewise, as provided for in the
    above-cited Section 5 Rule 14 of the Rules of Court.

    PRAYER
    WHEREFORE, premises considered, it is most respectfully prays that an
    Alias Summon be issued.

    (SIGNED)
    HERMIONE GRANGER
    No. 7 Centro Solana, Woods, Cagayan
    555-555-555
    Roll No.: 12345
    PTR No. 56789/January 25, 2011/Solana, Cagayan
    IBP No. 2222/January 10, 2011
    MCLE Compliance No.: 100100

    Page 2 of 2

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