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Explanation: Why You Don't Need To Summon The Respondent During Your FCHR Proceeding


Background: Your case is pending with the FCHR, and you've heard about summoning defendants
Problem: You are unsure about summoning the respondent
Solution: You read this material to help quell doubt

I. Textbook Definition: "Summons"

Barron's Dictionary of Legal Terms [Fifth Edition] - Gifis, (© 2016) Barron's
"A mandate requiring the appearance of the defendant under penalty of having judgment entered against him for failure to appear. The object of the summons is to notify the defendant that he has been sued."

II. Legal Citations

(a) §48 Florida Statutes (2020) | Process and Service of Process
"§48.011 Process; how directed. - Summons, subpoenas, and other process in civil actions run throughout the state. All process except subpoenas shall be directed to all and singular the sheriffs of the state." (b) Rule 60Y-5.001(6)(a)(2) FAC | Complaints (Employment Discrimination)
"Contents
(a) The complaint should contain the following information:
1. The name, address and telephone number of the person filing the complaint;
2. The name, address and telephone number of the respondent;

III. Quick Analysis

You do not need to summon the respondent during your FCHR proceeding.
TBD says this for the following reasons:
  1. The respondent in your case will already be notified.
  2. The FCHR is not a "court of competent jurisdiction" (see §760.11(4) Florida Statutes).
    • As an administrative agency, the FCHR is part of Florida's Executive Branch of Government (click here for more).
      • This is noteworthy, because the executive branch does not seem to have any power to issue a summons.
  3. None of the FCHR's administrative codes say that it has the power to summon a respondent.
  4. TBD has read over 6,000 FCHR documents, and has never seen the agency issue a summons.
  5. TBD has booked over 4,000 FCHR-DOAH cases into its database, and has never seen an FCHR respondent claim it was unaware of the DOAH proceeding.

IV. Additional Notes

V. Conclusion

In short, you do not need to summon the respondent in your FCHR proceeding. TBD is 99.9% sure of this.
Of course, this differs from how you must proceed in state or federal court.

So, read those two webpages to learn more.

Congratulations! You are now booked up on FCHR summonses!

Please get the justice you deserve.

Sincerely,



www.TextBookDiscrimination.com
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