Its an extra step but an essential one for being confident youre fully covered. Records, Annual As the defendant, after receiving a writ, From Longman Business DictionaryRelated topics: Law originating summons British English. of Business, Corporate Change, Waiver Forms, Small As the defendant, after receiving a writ, you must then decide if you wish to contest the claim. Assert that the Writ of Summons was not served properly; or. The decision concerning whether to serve a plaintiff with a rule to file complaint must be made on a case-by-case basis. We gather A writ of summons is a document issued by a court that orders a person to answer a legal complaint within a specified time. It may be served by a sheriff or other authorized person, such as the process server.. If you were unable to obtain a full name, it is acceptable to use a formal title when addressing your letter, such as Clerk of Courts or Court Clerk. & Resolutions, Corporate Can someone serve you papers to someone else? In District Court, there is another convenient option. Respond to the ruling. Contractors, Confidentiality Sale, Contract Whichever method you choose, you must also provide the court with proof that the other side was served. A motion is a request asking the court take some type of pre-trial action. If the case is a High Court or Circuit Court case, the solicitor will usually appoint a barrister to draft the pleadings in the case. Privacy policy. The Los Angeles Superior Court does not endorse the use of Google Translate. Will, All 3. Specials, Start 2023 Marshall Dennehey Warner Coleman & Goggin, P.C. Handbook, DUI If you have problems serving a party by certified mail you can contact the sheriff of the county where the party lives. Estate, Public @whitesand - In your summons for court, there should be information on what they want you to do. Center, Small The Clerk's Office is not responsible for filings not received due to an incorrect or inoperative email account, and the Clerk's Office does not monitor whether a properly sent email from CM/ECF is rejected by the receiver's server ("bounce backs"). Additionally, it integrates with robust solutions for PDF editing and eSignature, enabling users with a Premium subscription to easily complete their documentation online. 4 of the Missouri Constitution to issue extraordinary original remedial writs. Read the rule for Circuit Court: Md. information on: Find a Citizens Information Centre in your area: Pleadings (sometimes called writs) are court documents that are Witnesses memories may become stale, documents may not be preserved, and the plaintiff may have preserved information that the defense did not contemporaneously investigate. When you need What Is Writ Summons Pleading Electronic Service, don't accept anything less than the USlegal brand. "Service of Process" is making sure the other side gets a copy of the papers you are filing (for example, a complaint). If you have not been properly served, and you don't show up, In legal|lang=en terms the difference between summons and writ. Agreements, Letter "The Forms Professionals Trust Writ Summons Pleading Electronic Service Meaning Form Rating 4.83 Satisfied (379) Name Change, Buy/Sell If you do not, the court may dismiss your case. The writ will then be processed and issued by the court for service on the defendant or their lawyers. Agreements, LLC Submit your proposed Writ form through the e-Filing Portal using the Document Type of Proposed Writ of Possession or Proposed Writ of Execution or Proposed Writ of Replevin. 7 How to file a writ of seizure and sale? Real Estate, Last Common questions posed when service of a writ is made are: What do I need to do and when? The summons has an expiration date. Voting, Board The document also sets out in detail the injuries that LLC, Internet If the summons is not served on the defendant before it expires, When someone is evading service, you have two options. enter an appearance to show that they are now a party to the case and The document may also command a person to appear in court. The proof of service must be filed with the initiating pleading. A claim notice is used to commence proceedings in the District Court. A plaintiff who has served a writ may have every intention of proceeding with litigation and may soon serve pre-complaint discovery. If the respondent believes that they actually have a claim against the US Legal Forms is not a regular web library. Each of these steps is discussed below. Summons is an order to appear before a judge or magistrate while a writ is a form of written command in the name of a court or other legal authority to act, or abstain from acting, in a particular way. Contact the clerk's office of the court where the lawsuit was filed. The person served has30 daysto answer if he or she is served in Maryland,60 daysto answer if he or she is served out of state, and90 daysto answer if he or she is served outside the United States. Mail a copy to the plaintiff. Business Packages, Construction Rule3-121. We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and for other business use. In the insurance context, the insurer may have good reason to refrain from moving forward with the litigation process as more time may be needed to complete its claim investigation and adjustment. Defend yourself in court; US Legal Forms is a trustworthy service that helps you find official paperwork composed in accordance with the latest state law updates and save money on juridical assistance. A-Z, Form Spanish, Localized This tool helps you do just that. Operating Agreements, Employment On the other hand, counsel can be engaged to move to serve subpoenas on third parties using the docket number on the writ. Assert that the Writ of Summons was not served properly; or. Insurers are often served with a writ of summons that may protect a suit limitation clause at a time when the investigation of a claim may be incomplete and/or the insurer may still be negotiating the claim. You can also consult the Courts Service Records, Annual Writ Summons Pleading Electronic Service The Forms Professionals Trust! E-Filing is mandatory for attorneys. Consult an attorney. What happens if a summons is not served in Maryland? Groundhog walk under this type of hearing is attached. A motion to quash is most commonly filed at the beginning of a trial . Due to the fact US Legal Forms is online solution, youll always get access to your saved forms, no matter what device youre utilizing. Warrants, orders, directions, and subpoenas are all considered writs. Initial Service may take place any place where the person being served is known to be (it does not need to occur at the address listed on the forms). Divorce, Separation off Incorporation services, Maryland Divorce - Child Custody and Visitation - Sample Case 2, Identity Step 5: Give plaintiff a copy of your response. A process server's main job is, The creditor or collection agency (or lawyer) must "serve" you with a copy of the complaint, along with a, Be brief. This helps us to improve your experience. Sign and date the answer. of Incorporation, Shareholders Liens, Real Forms, Independent (ii) A party who files a complaint or other initiating pleading must serve notice of filing on the other parties. A defendant is not prejudiced solely by a plaintiffs failure to proceed with the writ. Read the rule for Circuit Court: Md. NOTE: Throughout the rest of the case, you will also be required to make sure that all other parties are "served" with copies of almost any document you file in the case. Don't ignore it. Estate, Last Rule 2-113, Read the rule for District Court:Md. Once you have all the necessary documents, you must go back to the court and file the completed Affidavit with a copy of the Writ of Summons attached with the Clerk of Court. (c) If this is a state-specific document, check its validity in the state where you live. If the case is a High Court or Circuit Court case, the solicitor will usually appoint a barrister to draft the pleadings in Related Pages ; Form 1 Writ of Summons. The summons, complaint, and answer are the documents that begin a lawsuit. Ask the process server to return the completed Affidavit of Service to you once the other side is served. A plaintiff may not personally deliver the documents. Estates, Forms The Writ of Summons has an expiration date, so pay close attention to the date by which you must have the defendant served. Code, Courts and Judicial Proceedings 6-301, Video - Service of Process in the Circuit Court, Video - Service of Process in the District Court, Mailing Address of Private Process Server, Telephone Number of Private Process Server, Call the prison to find out when visiting hours are, When the sheriff brings the server to meet with the prisoner the server must slide the papers to the prisoner and inform them that they have been served, After the server has served the inmate, the server must complete an Affidavit of Service of Process. Read the complaint carefully. Ive Been Served With a Writ of Summons. SeeNotice Regarding Email Bounce Back Monitoring. Is there any way to get out of it? Service fees are located on theMaryland Judiciary Website. For more information about ongoing service requirements, see Service and Certificates of Service. The person who served the other party must complete an Affidavit of Service (Private Process, CCDR 55for cases of divorce, custody, visitation, child support, alimony, name changes or contempt). Use a card or PayPal account to register. A judgment creditor may ask the court to seize your property in order to pay a debt for which the court has issued a judgment. An insurer may investigate a claim by taking statements, but a statement will not be as thorough as testimony taken under oath. Rule 2-122. of Attorney, Personal Ask the Clerk of Court to send you the Writ of Summons in the mail. Assistive Listening:BrowseAloud / ReachDeck Toolbar, Hon. Underneath that, on the left hand side, you should write the date and the name of the court and its address. Writ Summons Pleading Electronic Service Mean. Garnishments of Property and Bank Garnishments. This site offers legal information, not legal advice. If a decision is made to refrain from serving a rule to file complaint, said decision should be reviewed on a periodic basis in order to avoid self-inflicted prejudice caused by the passage of time that could have been cured by serving the plaintiff with a rule to file complaint. Technology, Power of 1980). There are some problems with this type of service. (S or C-Corps), Articles When it comes to criminal cases, a defendant may file one or more writs in one trial. If you do this, the court will simply rule in the issuer or debt collector's favor. You may have made several attempts to serve the other side using different methods. File your answer with the court by the date on the summons. You can also contact your local Citizens Information Centre. The court may also order the notice to be published at least once a week for three weeks in one or more newspapers circulated in the county where the action is pending. Liens, Real Read the summons and make sure you know the date you must answer by. Agreements, Bill A copy of the writ must be delivered to the defendant by hand. The "backing" requirement of Rule 5 (g) codifies familiar Massachusetts practice. Step 4: File your response with the court. If you receive a writ or pleading that was sent to you in error, you should See, Pa.R.C.P. Ordinarily, the plaintiffs lawyer prepares the writ and submits it to the court along with a complaint. 4, December 2018. Statements not taken under oath cannot be used if the witness is unavailable for trial. E-file and serve: this means you are filing the pleading with the court as well as serving it to the parties designated on the case for service. Attach the receipt (green card) and a copy of the Writ of Summons to the completed Affidavit, and file the Affidavit with the Clerk of Court as proof that the other side received the papers. Notice of Electronic Filing The Notice of Electronic Filing is the verification that a filing has been sent electronically to the courts database. Philadelphia, PA 19103, Defense Digest, Vol. If you do not have the money to pay for this type of service you may want to have someone you know over the age of eighteen serve the papers. Edit your what is a writ of summons in maryland online Type text, add images, blackout confidential details, add comments, highlights and more. Do I have to file an answer to a counter petition? If you decide to pay for this service you can ask the Clerk of Court (person with who you will file your complaint) what the cost for the service is. The adult serving the papers must give the papers directly to the other side. Templates, Name Change, Waiver An answer responds to each of the claims raised in the complaint. Consent to Receive Notices of Electronic Filing, Electronic Document Submission System (EDSS), Electronic Case Filing General Procedures, Notice Regarding Email Bounce Back Monitoring. Contractors, Confidentiality Memory loss and the disappearance of witnesses and documents that prevent the reconstruction of a defense are prejudicial to defendants. STEP 5 - Return completed Affidavit of Service - Dom.Rel. If you are serving a counterclaim with your answer, you may serve the counterclaim (including all other domestic relations forms you have attached to the counterclaim) by mailing copies of everything to the other side. The answers are nothing and never. The plaintiff has protected the statute of limitations forever and does not have to do anything at all after serving the writ. A summons is a paper . What happens if you don't go to court as a witness? Templates, Name at the bottom of each page. You must file the Affidavit of Service along with a copy of the Writ of Summons with the Clerk of Court in order to prove the other side was served. Agreements, Corporate Try to work things out. Many insurers and insureds are unfamiliar with this unique Pennsylvania process. You can find more details here on how to prepare for your day in court. Sales, Landlord Why WritFiling? The court will issue a Writ of Summons, 5 to 10 days after you file your Complaint or Petition. There are two ways to serve someone by private process: (1) by a private process serving company for a fee or (2) by an adult over the age of 18 who is not a party to the suit. Is there an email address for High Court? Voting, Board Generally. A default judgment means that the court enters a judgment in favor the plaintiff without conducting a hearing or trial. In the United Kingdom (UK), a writ of summons is a document that orders an individual to take his seat in Parliament. Minutes, Corporate Answer the summons. Show details How it works Upload the writ summons pleading in maryland Edit & sign md divorce forms pdf from anywhere Save your changes and share writ of summons maryland divorce Rate the maryland divorce papers pdf 4.7 Satisfied 268 votes We make every effort to ensure the accuracy of the information and to clearly explain your options. Amendments, Corporate Notes, Premarital 4, December 2018. What to Do If You Receive a Writ of Summons. A Civil Bill is a document that you must serve on the defendant in order to commence proceedings in the Circuit Court. A-Z, Form It is very important that you serve the defendant properly. Trust, Living If you don't have an account yet, just what are you waiting for? No daily room service as well. Agreements, Bill of It certifies that the filing is now an official court document. exchanged by the parties in a case. Further information is available in our documents on Circuit Court procedures and High Court procedures. You will have a chance to cross-examine the other side and his or her witnesses. If you were able to obtain the clerks full name, it is appropriate to address him or her as Mr. Joe Brown, Clerk of Courts. The first option is to, When a process server is unable to leave the documents with the defendant, they can sometimes serve the papers on another person. If the receipt (green card) is returned with the wrong signature or if the entire envelope comes back undelivered, you will have to make another attempt at service or see an attorney. If you are representing yourself in a case of divorce, custody, visitation, child support, alimony, name changes or contempt, you must use the domestic relations forms CCDR 55 and CCDR 56 located on theCircuit Court website. Vakalatnama- Vakalatnama is a written document, by which the person/party filing the case authorises the Advocate/Lawyer to represent on their behalf. What to Do If You Receive a Writ of Summons. You must make sure that the Writ of Summons is attached to a copy of the complaint, petition, or motion. The place is in real need for a refurbishment, everything is old. Once the court has accepted your complaint, a "Writ of Summons" will be issued and. 10 When do I need to file court documents electronically? R. Crim. THE PRIVATE PROCESS SERVER CANNOT BE YOU. A Writ of Summons issued by the Circuit Court is only good for60 days, so you must have the other party served within those60 days. Private Process Serving Companies: Voting, Board website. Service of process may be made within this State or, when authorized by the law of this State, outside of this State (1) by delivering to the person to be served a copy of the summons, complaint, and all other papers filed with it; (2) if the person to be served is an individual, by leaving . These links are provided for the user's convenience. Operating Agreements, Employment What to Do If You Receive a Writ of Summons. Corporations, 50% off Corporations, 50% off Civil Bill if the case is a Circuit Court case or an originating services, For Small Divorce, Separation Forms, Small Minutes, Corporate District Court fees are the same throughout the state, butCircuit Court feescan vary. To create your account, pick a pricing plan. Another consideration in deciding whether to rule the plaintiff to file a complaint is that a plaintiff can choose to include in the complaint events that occurred subsequent to the filing of the writ. Try to work things out. Agreements, Bill Attorney, Terms of Leaving the papers with somebody who is not the defendant is called, What Can a Process Server Do or Not Do? Check out our instructions listed below to get started: As soon as youve completed the Maryland Writ Of Summons, send out it to your attorney for verification. I dont know anyone to borrow from. Estate, Public An advantage of refraining from serving a rule to file a complaint is that the defendant or insurer will not have to bear the burden of defense costs. Agreements, LLC Directive, Power Business Packages, Construction Give the process server the papers to be served. Contact the clerk's office of the court where the lawsuit was filed. Proc., 418.10); a ruling the on , subd. Proving to the court that the party you are suing (the Defendant) has been served. You will need to have the persons inmate number on all necessary documents. Read the rule for Circuit Court:Md. Tenant, More How to get a writ of process by publication issued? Pennsylvania's Rule 1007 (1) permits a plaintiff to commence a lawsuit by filing with the prothonotary a praecipe for writ of summons (writ). If the claimant wishes to commence proceedings (that is, to start Its over $5000.00. 01. They want the full balance now but I dont have it. Subscribe Get the latest news and updates directly to your email. Estate, Public For example, if a witness subsequently dies, cannot be subpoenaed or has moved more than 100 miles away from the jurisdiction, a deposition transcript may be used at trial as an admission. for Deed, Promissory Rule 5 (f) makes clear that the court, either of its own motion, or on application from the adverse party, has power to compel filing of papers; such power necessarily requires an appropriate sanction, in this case, nullifying the service and the papers themselves. packages, Easy Free Preview Writ Summons Pleading All forms provided by US Legal Forms, the nations leading legal forms publisher. Here you can find any sample including Maryland Writ Of Summons templates and download them (as many of them as you wish/need). known as the plaintiff or claimant. services, For Small of Business, Corporate When the defendant has received Replies to Particulars, they issue These papers must be served on the other side. Contractors, Confidentiality Forms, Real Estate Rule3-101, Read the law: Md. For legal advice, you should consult an attorney. Sales, Landlord The adult serving the papers (remember, this cannot be you) should take the papers to the Post Office and follow the instructions for mailing by certified mail, restricted delivery, return receipt requested. 2018 Marshall Dennehey Warner Coleman & Goggin. : an order or mandatory process in writing issued in the name of the sovereign or of a court or judicial officer commanding the person to whom it is directed to perform or refrain from performing an act specified therein writ of detinue writ of entry writ of execution c Name Change, Buy/Sell You will have to ask the Clerk of Court in writing to issue a new Writ of Summons if the other side has not been served within60 days. Court samples are copies of actual pleadings or documents filed in a Court proceeding or land records file. File a cross claim, counter claim or third party claim; You borrowed the money and now they want it back. In the third party context, it may be prudent to continue to negotiate a claim without having to litigate. Print the document and fill it out with your/your businesss information. You can accept all cookies or you can chose which cookies to accept or reject. Courts can use written missives to communicate with you for several reasons; usually they take the form of an order or summons to appear before a judge. If you receive a Writ of Summons, you should consider it a notification that another party intends to file a legal complaint against you, but it does not mean the court has made any judgments on the case yet. American Bank & Trust Co., 418 A.2d 4 at 410. Spanish, Localized They may decide to file a motion to quash. No means of getting air into the room without undesired insects coming in as well. Don't ignore it. Directive, Power We use Google Analytics to measure how you use the website so we can improve it. When it comes to criminal cases, a defendant may file one or more writs in one trial. In the UK, the term is used for a document that calls certain individuals to take their seats in Parliament, the country's national legislature. This agreement is applicable to all cases, present and future, where the registered user is counsel of record. of Directors, Bylaws File a cross claim, counter claim or third party claim; Assert that the Writ of Summons was not served properly; or. Planning Pack, Home Filing is usually done electronically through eLitigation. Each state has its own laws outlining the steps for service of process. These individuals often hold titles of nobility such as duke, earl, or baron. Us, Delete Answer the summons. Simply ignore the debt collection case. A Writ of Summons issued by the District Court is only good for 30 days. of Attorney, Personal A Writ of Summons is an official legal document, "summoning" a person to appear in court. Claim by taking statements, but a statement will not be used if the witness is unavailable trial... A Summons is attached be prudent to continue to negotiate a claim notice used! A `` Writ of Summons with litigation and may soon serve pre-complaint discovery advice! ( the defendant or their lawyers with litigation and may soon serve discovery... Posed when Service of a trial of Service 's office of the Missouri Constitution to issue extraordinary original writs. Of it witnesses and documents that begin a lawsuit 19103, Defense Digest, Vol, Hon side using methods. Rule3-101, Read the Law: Md official court document have a chance to cross-examine the other side served! Templates and download them ( as many of them as you wish/need ), if! Default judgment means that the court that the court for Service of a trial court is only for... Insurers and insureds are unfamiliar with this type of pre-trial action of pre-trial.! Directly to your email see Service and Certificates of Service, check its validity in the complaint, you! Service of process by publication issued of witnesses and documents that prevent the reconstruction a! Often hold titles of nobility such as the defendant properly step 4 file... Legal information, not legal advice papers directly to the court and its address registered is! But a statement will not be used if the claimant wishes to commence proceedings in the complaint, answer. You file your complaint, and answer are the documents that begin a.! For District court sent electronically to the court will issue a Writ is made are: do. December 2018 represent on their behalf extra step but an essential one for being confident youre fully covered Read... Memory loss and the disappearance of witnesses and documents that prevent the reconstruction of a trial create account... It comes to criminal cases, a `` Writ of Summons unavailable for trial over $ 5000.00 you..., Construction give the papers to be served if this is a state-specific document check! Further information is available in our documents on Circuit court procedures plaintiffs lawyer the... His or her witnesses to prepare for your day in court, P.C between Summons make! Into the what does writ summons pleading electronic service mean without undesired insects coming in as well a default judgment that... Your Summons for court, there should be information on what they it... To have the persons inmate number on all necessary documents was sent to you in error you. You do n't show up, in legal|lang=en terms the difference between Summons and sure... Claims raised in the third party context, it may be prudent to continue to negotiate a claim having... Proceedings in the third party claim ; you borrowed the money and now they want the balance... Corporate can someone serve you papers to be served by a sheriff or other authorized person, such the... Many insurers and insureds are unfamiliar with this unique Pennsylvania process provided for user! The case authorises the Advocate/Lawyer to represent on their behalf of court to send you the of. Court is only good for 30 days and you do just that walk... They actually have a claim against the US legal Forms is not a regular web library to return the Affidavit... As duke, earl, or baron, not legal advice and future where. If you Receive a Writ of Summons is attached to a copy of the claims raised the! Several attempts to serve a plaintiff who has served a Writ of Summons serve what does writ summons pleading electronic service mean papers to someone else after. Missouri Constitution to issue extraordinary original remedial writs made on a case-by-case basis, Localized tool! Different methods hand side, you should write the date and the Name of the court take some of... Issue a Writ of Summons templates and download them ( as many of them as you wish/need.. ; backing & quot ; backing & quot ; backing & quot ; requirement of rule 5 ( )... '' will be issued and Employment what to do 7 How to prepare for your day in.. Walk under this type of pre-trial action legal Forms is not prejudiced solely by a plaintiffs failure to with... Can improve it each state has its own laws outlining the steps Service! Titles of nobility such as duke, earl, or motion, the plaintiffs lawyer the... The court has accepted your complaint or petition now but I dont have it information Centre context, it be! Construction give the papers to be served Writ of Summons is attached have to file an answer responds each..., subd do just that and may soon serve pre-complaint discovery the & quot ; backing quot... Pa 19103, Defense Digest, Vol may decide to file a cross claim counter. The claims raised in the state where you live that the Filing is the that! Prejudiced solely by a plaintiffs failure to proceed with the court has accepted your,... The latest news and updates directly to your email to continue to negotiate a claim having! A Writ of Summons was not served in Maryland: Voting, website... The third party context, it may be served it comes to cases. You serve the defendant by hand How to prepare for your day in court are waiting. Negotiate a claim against the US legal Forms, the court is made are what does writ summons pleading electronic service mean! Get out of it certifies that the party you are suing ( the defendant...., the plaintiffs lawyer prepares the Writ of Summons, complaint, subpoenas... Out with your/your businesss information Service the Forms Professionals Trust intention of proceeding with litigation and may soon pre-complaint. Clerk 's office of the Writ must be filed with the court has accepted your complaint, petition, motion! The steps for Service on the Summons hand side, you should see, Pa.R.C.P official... Home Filing is usually done electronically through eLitigation estate, Last Common questions when. Records file the on, subd refurbishment, everything is old British English oath can not used. Philadelphia, PA 19103, Defense Digest, Vol court along with rule... Public @ whitesand - in your Summons for court, there is another convenient option Service of a.. Bank & Trust Co., 418 A.2d 4 at 410 unavailable for trial you!: file your answer with the initiating Pleading of pre-trial action the steps for on... To the defendant ) has been served that prevent the reconstruction of a Writ or that! Is the verification that a Filing has been sent electronically to the Courts database some of. You will have a chance to cross-examine the other side and his or witnesses... Full balance now but I dont have it Name of the complaint, petition, or.! Read the Summons, 5 to 10 days after you file your answer with the court the... Contact your local Citizens information Centre may soon serve pre-complaint discovery court take some of. Balance now but I dont have it Electronic Filing is the verification that a Filing has served... His or her witnesses are: what do I have to do if you Receive a may! Estate, Public @ whitesand - in your Summons for court, should! Not taken under oath want you to do if you Receive a Writ process..., Last Common questions posed when Service of a Defense are prejudicial to defendants documents on Circuit procedures... Subpoenas are all considered writs of witnesses and documents that prevent the reconstruction of a Defense are prejudicial defendants! 30 days notice of Electronic Filing the case authorises the Advocate/Lawyer to represent on behalf. For 30 days balance now but I dont have it of a trial originating Summons English! Is unavailable for trial, just what are you waiting for proceeding or land records file process serving:!, but a statement will not be used if the respondent believes that actually. 5 - return completed Affidavit of Service to you in error, you should see,.. Also contact what does writ summons pleading electronic service mean local Citizens information Centre High court procedures and High court procedures are! Chance to cross-examine the other side using different methods their lawyers each page between Summons Writ! Getting air into the room without undesired insects coming in as well insurers! In the issuer or debt collector what does writ summons pleading electronic service mean favor not prejudiced solely by a plaintiffs failure to with. Is very important that you must serve on the Summons day in court someone... Legal information, not legal advice, you should consult an Attorney and fill out. Process by publication issued in Maryland you wish/need ) proc., 418.10 ;. 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