Arkansas..A elderly WWII widow recently was added to a complaint 170-days after the original filing, and without any request by the Plaintiffs for an extension of the 120-day deadline to add a defendant..The addition was rq of the ct in the form of a "Motion To Add Defendant-And Amended Complaint"..
No summons was ever issued..thus the court file does not include proof or any reference to a summons or service..The Motion was "served" by Plaintiffs placing a copy of the motion in the court mail box of the attorney of record
for the original defendants..
The added defendant did not have a attorney client relationship with this attorney..
This attorney failed to inform the new defendant but did go ahead and "ANSWER" the amended complaint 26-days after he received it (4-days before the deadline for the new defendant to respond, normally)..
At day-203 from the original complaint file date, a mediator arrived unanounced at the new defendants home asking to meet with defendants about the scheduled mediation..
She was stunned, and informed him that she was not a defendant..The mediator (not in a "service" capacity) informed her that indeed she was a defendant..
At day 208 (in a meeting with defendants 1-hr prior to the mediation) the defendants attorney finally and for the first time informed her that she had been added to the lawsuit as a defendant..
To her surprise, he told her that he believed he was her attorney of record all along..
She could not afford to pay legal fees, in any case..So, I agreed to pay her fees..Nearly 7-weeks later, the attorney billed her and I paid her fees..and repeated this for more fees 5-weeks later..In the meantime, this new defendant has been subjected to the process (motions..hearings..sworn testimony
etc) even incidentally stating under oath before the judge, during Plaintiffs cross that she had been added to the case "MORE THAN 200-DAYS" later..
The defense attorney
instantly leaped to his feet to object and the judge said "I understand, move on."....
Later, like magic, the new defendant is removed from the judge's "ORDER" to appear and show cause
ie Plaintiffs claim that defendants were in contempt for refusing to sign an NDA
for mediation, although the added defendant not only was present at the failed mediation but also was at the center of defendants filing for contempt as her son (who has business relations with Plaintiffs) was immediately called after the mediation by a plaintiff who threatened her and her neighbors with loss of everything including her social security if she didn't cooperate..
Whew!!! I don't get it..Is this due process.?