In this module, we learned about ARCP 4, which introduced you to the fundamentals of serving process in the State. We established some general frameworks that help us to understand how a competitive business advantage surrounds the timeliness of service. In other words, if there is a statute of limitations set at three years and papers come to hand twenty days from the expiration of that timeframe. Still, the backlog is so significant that the process falls to the bottom of the stack, never to be served, and then we have a problem.
The statute of limitations is fairly strict, meaning jurists are not particularly inclined to extend a legislatively defined parameter (remember, separation of power) without finding just cause that an event or action tolled the statute.
It’s complicated, yet the resounding and fundamental point is that 1) process should be served within a reasonable timeframe once receiving it, 2) that if urgent service is required business processes should place that responsibility upon the hiring party, and finally, 3) in situations where service is close to a statutory deadline, take extra precautions to defend your date and time of effective service from challenge.
In the upcoming lesson, we will discuss business processes briefly, so that you can begin thinking about how to structure your business.
Preparing to take your quiz, you should do so from memory and without notes. Please familiarize yourself with the “Terms” module. You will find a glossary of terms used on the state licensing examination. Please familiarize yourself with them, commit them to memory, and do your best to recall the definition.