New York State Court Clerk Practice Exam 2025 – The All-in-One Guide to Master Your Court Clerk Certification!

Question: 1 / 400

Which statement is true regarding service and time periods in legal actions?

Service resets the statute of limitations clock

Service initiates the time period for discovery only

Service is critical for interpreting the summons

Service is what stops the time period for interposing a claim

The correct statement regarding service and time periods in legal actions is that service stops the time period for interposing a claim. Once a defendant is served with the complaint, the statute of limitations is effectively paused or tolled. This means that the defendant is given a reasonable amount of time to respond to the complaint without fear of the statute of limitations expiring during the period in which they are being served.

This concept is crucial in civil procedure because it ensures that a defendant is granted the opportunity to respond appropriately without the pressure of a rapidly approaching deadline caused by the original statute of limitations.

The other statements do not accurately convey the role of service in relation to time periods. Service does not reset the statute of limitations clock; it merely pauses it. While service does initiate the period for discovery, it is not limited to that specific function only. Furthermore, while the interpretation of the summons does rely on proper service, the statement does not address the critical aspect of how service impacts the timing related to claims, which is central to understanding this legal principle.

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