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What document is used when a complaint is not served with the summons in a civil proceeding?

Notice of Appearance

Affidavit of Service

Summons with Notice

The correct document in this case is a Summons with Notice. In a civil proceeding, when a plaintiff intends to initiate a lawsuit, they must serve the defendant with a summons to inform them of the action. However, when a complaint is not served together with the summons, the Summons with Notice serves as a combined document that provides the defendant with the necessary information about the lawsuit.

This approach allows the plaintiff to notify the defendant of the nature of the claims being made while still fulfilling procedural requirements for serving notice of the legal action. Specifically, the Summons with Notice includes the essential elements of the complaint, enabling the defendant to prepare their response adequately.

In contrast, a Notice of Appearance is used by a defendant to inform the court that they intend to participate in the litigation but does not initiate the action itself. An Affidavit of Service is a document that verifies that the summons and complaint have been properly served to the defendant, which is not applicable when a complaint is not being served. Lastly, a Statement of Claim generally refers to the details of the claims but would not be sufficient on its own to notify a defendant without the formal context provided by a summons.

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