Civ Pro Dates Flashcards
How long does Defendant have to respond to a claim?
MBE: 21 days of formal service (60 if he waives it)
- 21 days to appeal answer (not motion)
MI: 21 days of in-state personal (28 if other)
- 14 days to appeal
When must the parties bring their notice to remove a case to federal court?
Within 30 days of receiving a paper from which they should learn it is removable.
Within one year if diversity case (unless plaintiff acted in bad faith)
Notice to Remand: When can Plaintiff do it?
For lack of SMJ: any time
For problem with removal process: 30 days
When must you object to venue?
MI: Within 14 days of when you should have learned it was not the correct venue.
When must the complaint be served on defendant?
90 days (91 in MI)
Can be extended in MBE with good cause (or is dismissed w/ prejudice)
MI it is renewable for up to one year upon showing due diligence
Waiving Service
Plaintiff must give D 30 days after request was made (60 days if outside of US)
When must you implead a third party?
MBE: Within 14 days of serving answer
MI: Within 21 days of serving answer
Or with leave of the court
When must you bring a motion for summary disposition/judgment?
MBE: Any time until 30 days after closing (or with court’s permission)
MI: Any time under scheduling order
How long does a plaintiff have to certify a class?
MI: 91 days
When must parties make their initial disclosures?
MBE: Within 14 days of their meeting
MI: Claimant: 14 days after OP files answer. OP has until the later of 14 days after Claimant’s disclosures are due, or 28 days of filing its answer.
When are expert disclosures due?
90 days before trial
When are pre-trial disclosures due?
30 days before trial
MBE: How long do you have to give OP to withdraw their paper for a Rule 11 Sanction?
21 days
No withdrawing in MI
Motion to Set Aside DJ
21 days
How long do you have to request a jury trial?
MBE: Within 14 days of a pleading
MI: Within 28 days of filing answer/reply
