 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Rudd v. Merritt2/26/2003
atute of limitations. There is nothing in the wording of the statute that could be construed as tolling the running of the period within which the summons and complaint must be served after a lawsuit is filed. There is likewise nothing in Idaho Code § 6-1006 that tolls the running of the period within which the summons and complaint must be served. Although the statute authorizes the trial court to stay civil proceedings until the prelitigation screening panel renders its opinion, Moss v. Bjornson, 115 Idaho 165, 765 P.2d 676 (1988), the Plaintiffs in the instant case did not seek any such stay. We therefore need not decide whether a stay issued pursuant to Idaho Code § 6-1006 would justify failing to serve the summons and complaint while that stay was in effect.
The Plaintiffs also contend that they served the summons and complaint upon all Defendants on August 3, 2000, when their attorney's secretary mailed an acceptance of service and copies of the summons and complaint to counsel for each of the Defendants. Plaintiffs rely upon Rule 5(b) of the Idaho Rules of Civil Procedure, which provides, in part, as follows: "Whenever under these rules service is required or permitted to be made upon a party represented by an attorney the service shall be made upon the attorney unless service upon the party is ordered by the court. . . . Service by mail is complete upon mailing." Plaintiffs argue that the prelitigation screening panel proceedings are an adjunct of the civil action they filed, that each of the Defendant's attorneys had appeared in the prelitigation proceedings, and that Plaintiffs could therefore serve them by mail under Rule 5(b).
Prelitigation screening panel proceedings are not a civil lawsuit, nor are they an adjunct to a civil lawsuit. They are entirely separate proceedings. The prelitigation screening panel proceedings are informal and non-binding, IDAHO CODE § 6-1001 (1998), the rules of evidence do not apply, Id., no record is kept, IDAHO CODE § 6-1003 (1998), there is no cross-examination or rebuttal, IDAHO CODE § 6-1008 (1998), the proceedings are closed even to the parties except when they are presenting their own testimony and argument, Id., and there is no judicial review or appeal of the panel's recommendations, IDAHO CODE § 6-1005 (1998). The proceedings are conducted entirely by the board of medicine. IDAHO CODE §§ 6-1001 & 6-1002 (1998). That the proceedings are totally separate from a civil lawsuit is further shown by the facts that they were established "for prelitigation consideration of personal injury and wrongful death claims for damages arising out of the provision of or alleged failure to provide hospital or medical care in the state of Idaho," IDAHO CODE § 6-1001 (1998) (emphasis added), and that during the thirty-day period after the proceedings have ended "neither party shall commence . . . litigation involving the issues submitted to the panel," IDAHO CODE § 6-1006 (1998) (emphasis added). Conversely, a civil action is commenced by filing a complaint with the court. IDAHO R. CIV. P. 3(a).
Rule 5(b) does not specify the manner for serving the summons and original complaint in a civil action. IDAHO R. CIV. P. 5(a). The manner in which the summons and original complaint in a civil action are to be served is specified in Rule 4(d) of the Idaho Rules of Civil Procedure.
Subsection (6) of that rule provides, "In lieu of service upon an individual as provided above in this rule, service may be accomplished by an acknowledged written admission by the individual that the individual has received service of process, stating the capacity in which such service of process was received." It is the acknowledged written admission by the individual
Page 1 2 3 4 5 6 7 Idaho Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|