Civ Pro Dates

Question 1

Waiver of service

Answer 1

20 days to decide to wave or 30 if outside US

Question 2

If service is waived

Answer 2

60 days to answer or pre answer motion

Question 3

If service is not waived

Answer 3

20 days to answer or pre answer motion

Question 4

Days to serve defendant

Answer 4

120 to serve after filing or notify court of waiver for good cause

Question 5

Change of venue

Answer 5

10 days after the action is at issue or a good causes shown to the court up to 10 days before trial

Question 6

Cross/counter claims/third-party answer

Answer 6

20 days to answer

Question 7

Amended complaint that adds new party

Answer 7

120 days service. From entry of order granting leave to amend

Question 8

Venue improper: P must costs within …

Answer 8

30 days otherwise dismissed without prejudice

Question 9

Defendant to file for Forum non conveniens

Answer 9

60 days of service of process

Question 10

Service

Answer 10

A defendant must be served 120 days of commencement unless good cause for excusable neglect

Question 11

Answer (generally)

Answer 11

20 days from service by answer or motion

Question 12

Answer: if motion is denied

Answer 12

Must file within 10 from denial EXCEPTION motion to strike - must answer within 20 days from service

Question 13

Answer: if Motion granted

Answer 13

Must file answer within 10 days after amended complaint or more definite statement is served to answer

Question 14

Motion for punitive damages

Answer 14

Served on all parties at least 20 days before the hearing

Question 15

Reply

Answer 15

20 days of answer

Question 16

Mail

Answer 16

Adds 5 days to respond

Question 17

Amended pleadings - Plaintiff

Answer 17

Plaintiff has right to amend ONCE as a matter of course before D serves Answer (not a motion). If None is required, then 20 days.

Tricky make sure that D is answering a motion is not an answer. D can file a motion and you could amend and then he would need to respond to the amended pleadings

Question 18

Amend pleadings Defendant

Answer 18

D has right to Amend once as a matter of course within 20 days of serving answer

Question 19

When a pleading to which a responsive pleading is required is amended, opposing party must plead in response to amended pleading within….

Answer 19

10 days after service of amended pleading.

Question 20

Rogs

Answer 20

30 max; 30 days; 45 if served with complaint

Question 21

RFP

Answer 21

30 days; 45 if served with complaint

Question 22

Motion to strike for failure to state a legal avoidance and motion for judgment on the pleadings

Answer 22

20 days after service of reply

Question 23

RFA

Answer 23

30; 30 days; 45 if with complaint

Question 24

Plaintiff to file in new forum after non conviens is approved

Answer 24

120 days

Question 25

Depositions plaintiff

Answer 25

No need for court order unless (1) seeking a deposition before case filed (notice 20 days before hearing, same manner as summons) or (2) plaintiff wants to take a Depo less than 30 days after serving complaint unless plaintiff notifies the state that they are going to leave or defendant requests depositions

Question 26

Deposition Defendant

Answer 26

Anytime

Question 27

Party notice for nonparty subpoena production of documents/inspect land

Answer 27

For non-parties, given notice to all parties 10 days before subpoena issued (15 if mailed), if party objects, no production is ordered, opposing counsel can file a motion for ruling on objection or take non-party Depo with subpoena duces tecum.

Question 28

Inadvertent disclosure : privilege holder

Answer 28

Privilege holder may serve a written notice within 10 days of discovering the disclosure specifying the materials as to which privileges asserted, the nature of the privilege, and the date on which the inadvertent disclosure was discovered

Question 29

Inadvertently disclosure of privilege material challenger

Answer 29

Can challenge a privilege in court within 20 days of service of the notice

Question 30

Intervention

Answer 30

Anytime at judges discretion

Question 31

Impleader

Answer 31

Right to Implead within 20 days of serving your answer. After that, you need court permission

Question 32

Involuntary dismissal

Answer 32

When plaintive fails to prosecute if there’s no record action for 10 months the court or a party files notice of involuntary dismissal, plaintiff takes no record actions and 60 days after service of the notice, motion to dismiss for failure to prosecute. Court will dismiss unless plaintiff shows good cause, in writing, at least five days before hearing on motion.

Question 33

Pre-trial conference

Answer 33

Court May and must if party request, hold the conference 20 days notice required

Question 34

Jury demand

Answer 34

Must be made within 10 days after service of last pleading

Question 35

Peremptory Juror challenge

Answer 35

Three per person. 12 Eminent domain cases

Question 36

Complex case management

Answer 36

Initial case management conference must be held within 60 days of the order declaring the case complex

Question 37

Complex case trial

Answer 37

A complex case must be brought to trial within 6 to 24 months of the conference unless good causes shown

Question 38

Final case management conference

Answer 38

Not less than 90 days prior to the date the case is set for trial

Question 39

Limitations on punitive damages generally

Answer 39

May not exceed the greater of three times the amount of compensatory damages awarded to each claimant or $500,000

Question 40

Punitive damages exception unreasonable financial gain

Answer 40

Punitive damages may not exceed the greater of four times the amount of compensatory damages awarded to each claimant or 2 million

Question 41

Sensitive damages abuse of children elderly or developmentally disabled

Answer 41

Tina damages may not I see three times amount of compensatory damages to each claimant (negligence or gross negligence)

Question 42

Punitive damages if the defendant was under the influence of any alcoholic beverage or a drug to the extent that the defendant normal acts were impaired

Answer 42

No cap

Question 43

Post verdict interview of jurors

Answer 43

Must be served within 15 days of the verdict except for a good cause

Question 44

Execution of entry of judgment

Answer 44

Stayed for 15 days to allow motions.

Stay for appeal is NOT AUTOMATIC - stay for motion is automatic

Question 45

Motion for summary judgment defendant

Answer 45

Defendant May move for a motion of summer judgment at any time

Question 46

Motion for summary judgment plaintiff

Answer 46

Plaintiff must wait 20 days after commencing action

Question 47

Motion for summary judgment opposing counsel Can service evidence opposing motion by

Answer 47

Mailing it at least five days before hearing or delivering it to opposing counsel no later than 5 PM two days before the hearing

Question 48

Motion for a belated directed verdict

Answer 48

Must be filed within 15 days after verdict returned

Question 49

Motion for new trial

Answer 49

Within 15 days after entry of judgement or within the time for ruining on a motion for a new trial

Question 50

Directed verdict

Answer 50

Within 15 days after the return of a verdict

Question 51

Motion for relief from judgment can be made at Any time

Answer 51

1. Clerical errors
2. Judgment void
3. Judgment has been satisfied, released, or discharged
4. A final divorce judgment was based on fraudulent financial affairs

Question 52

Motion for relief from judgment within one year

Answer 52

1. Mistake, excusable neglect, surprise. This is relief from detail judgement
2. Fraud, misrepresentation, or misconduct from OC
3. New evidence not previously discovered despite due dillegence

Question 53

Motions for costs and attorneys fees

Answer 53

No later than 30 days after filing of the judgment, including a judgment dismissal, or the service of notice of voluntary dismissal that concludes the action as to that party.