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Civil Procedure > CA Time Limits COPY > Flashcards

CA Time Limits COPY Flashcards

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Civil Procedure 1L flashcards
1
Q

Service of Process on Defendant FRCP

A

Plaintiff has 90 days after filing complaint (FRCP)

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2
Q

Service of Waiver FRCP

A

Service waived if Defendant returns waiver within 30 days

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3
Q

Rule 12(b) motions FRCP

A

Waived unless included in FIRST ANSWER or pre-answer motion. NOT WAIVABLE!

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4
Q

Answer to complaint FRCP (Different than CA)

A

D has 21 days from service of complaint to answer.

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5
Q

Answer to complaint if service is waived FRCP (Different than CA)

A

D has 60 days after P’s waiver request sent (90 if foreign)

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6
Q

Answer to complaint if a Rule 12 Motion is denied FRCP

A

D has 14 days after court’s notice

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7
Q

Removal FRCP

A

D has 30 days after notice, pleading, complaint to remove

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8
Q

Removal if a new D joins the case FRCP

A

New D has another 30 days to remove with other Ds. (in addition to the 30 days after notice)

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9
Q

Reply to Answer FRCP

A

P has 21 days after answer, if ordered by court

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10
Q

Removal based on diversity FRCP

A

1 year after filed in state court, unless P acted in bad faith

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11
Q

Remand FRCP

A

P has 30 days from removal notice

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12
Q

Remand if lack of SMJ FRCP

A

P may move to remand at any time.

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13
Q

Amendment to pleading FRCP

A

P has 21 days from service or 21 days after D’s response

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14
Q

Response to amended pleading FRCP

A

Within original time remaining or 14 days from amendment

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15
Q

Rule 26(f) conference (meet and confer) FRCP

A

At least 21 days before a scheduling conference

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16
Q

Discovery–Initial disclosures FRCP

A

Within 14 days of meet and confer

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17
Q

Discovery–Expert testimony disclosure FRCP

A

at least 90 days before trial

18
Q

Discovery–Pretrial disclosures FRCP

A

At least 30 days before tiral

19
Q

Discovery Interrogatories, RFPs, RFAs FRCP

A

Opposing party has 30 days to respond

20
Q

Discovery 4 types FRCP

A

initial disclosure expert testimony disclosure pretrial disclosure Interrogatories

21
Q

Jury Trial request FRCP (Different than CA)

A

File demand within 14 days of last pleading

22
Q

Motion for summary judgement FRCP (Different than CA)

A

30 days after close of discovery

23
Q

JNOV (renewed motion for JMOL) FRCP (Different than CA)

A

W/in 28 days of judgment

24
Q

Motion for new trial (de novo) FRCP (Different than CA)

A

W/in 28 days of judgment

25
Q

Motion to amend final judgment FRCP

A

W/in 28 days of judgment

26
Q

Motion for relief from judgment FRCP

A

W/in reasonable time up to 1 year

27
Q

Stay of judgment FRCP

A

Judgments not enforceable until 30 days after entry

28
Q

Appeal FRCP (Different than CA)

A

W/in 30 days of final judgment

29
Q

Appeal U.S. is party

A

W/in 60 days if U.S. is a party

30
Q

Answer to complaint CA (different than FRCP)

A

D has 30 days from service to answer

31
Q

Answer to complaint if service waived CA (different than FRCP)

A

Waiver of service does NOT extend D’s time to respond.

32
Q

Service on Doe defendants (CA)

A

P has 3 years from filing of complaint to identify and serve amended complaint on Does

33
Q

Anti-SLAPP motion CA

A

W/in 60 days for SLAPP complaint

34
Q

Pretrial conferences – case management conference CA

A

W/in 180 days of complaint

35
Q

Jury trial request CA (different than FRCP)

A

W/in 5 days of case notice

36
Q

Motion for summary judgment CA (different than FRCP)

A

After 60 days since general appeared of NMP (before 60 days based on good cause) At least 75 days before hearing.

37
Q

JNOV (renewed motion for JMOL) CA (different than FRCP)

A

W/in 15 days of judgment

38
Q

Motion for new trial (de novo) CA (different than FRCP)

A

W/in 15 days of judgment

39
Q

Appeal CA (different than FRCP)

A

W/in 60 days of final judgment

40
Q

Answer to complaint if demurrer/motion is overruled CA (different than FRCP)

A

D has 10 days from ruling to answer

Civil Procedure (21 decks)

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