Page:United States Statutes at Large Volume 76A.djvu/430

–334– -334§ 745. Time for appearance of defendant The time specified in the summons for the appearance of the defendant shall be as follows: (1) if an order of arrest is indorsed upon the summons, forth^ith; (2) in all other cases, within 5 days, if the summons is served in the subdivision in which the action is brought; within 10 days, if served in another subdivision. § 746. Alias summons (a) If the summons is returned without being served upon any or all of the defendants, or if it has been lost, the magistrate, upon the demand of the plaintiff, may issue an alias summons, in the same form as the original, except that he may fix the time for the appearance of the defendant at a period not to exceed 90 days from its date. (b) The magistrate may, within a year from the date of the filing of the complaint, issue as many alias summonses as may be demanded by the plaintiff. § 747. Service of summons (a) The summons may be served by the constable of any magistrate's court or by any other person of the age of 18 years or over not a party to the action. (b) Sections 161-170 and 713 of this title and subdivisions (d), (®)5 (g)» ^^^ (h) of Rule 4 of the Federal Rules of Civil Procedure apply to the service and return of summons of the magistrates' courts. Subchapter III—Pleadings § 771. Form of pleadings Pleadings in magistrates' courts: (1) are not required to be in any particular form, but shall be such as to enable a person of common understanding to know what is intended; (2) may, except the complaint, be oral or in writing; (3) need not be verified, unless otherwise provided in this chapter; (4) if in writing, shall be filed with the magistrate; and (5) if oral, shall be entered in substance in the docket. § 772. Pleadings allowed; motions (a) The pleadings are: (1) the complaint by the plaintiff; and (2) the answer by the defendant. (b) Demurrers to the complaint or to the answer may not be used. I n lieu thereof, the defendant may make a motion to dismiss the complaint or the plaintiff may make a motion to strike the answer. § 773. Complaint The complaint in magistrates' courts is a concise statement, in writing, of the facts constituting the plaintiff's cause of action; or a copy of the account, note, bill, bond, or instrument upon which the action is based. § 774. Motion to dismiss complaint (a) At any time before answering, the defendant may make a motion to dismiss the complaint, asserting any of the following defenses or objections which appear upon the face of the complaint: (1) lack of jurisdiction over the subject matter; (2^ lack of jurisdiction over the person; (3) improper venue; (4) insufficiency of process;

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