Commencement

Question 1

Commencement - Method

Answer 1

By filing formal complaint in District Court

Question 2

Commencement - Rules regarding pre-filing action

Answer 2

• Gral Rule: no pre-filing notice requirement - Exceptions very rare:
• i.e. file suit against federal govt - need to first submit administrative complaints- Govt has 6 months to investigate and/or offer settlement - If no decision, P can file suit
• i.e. Non-govt coprs must file “Disclosure Statement” idenitfiyng parent corporation, or held public corp where owned more than 10% and/or if there is none of them

Question 3

Commencement - Effect of P’s non compliance of pre-filing notice requirement

Answer 3

• D has affirmative defense, that is deemed waive if: a) if not motion to dismiss within reasonable time b) If defense pleased but then D engages in act inconsistent w/dismissal (i.e. discovery, pre-trial motion)

Question 4

Commencement - Time for Service

Answer 4

Gral Rule: 120 days to complete service since filing that can be extended discretionally by court - UNLESS P can show good cause for not complying within time

Question 5

Commencement - Time for Service Consequence of failure to serve other party within deadline OR wrongfully OR not at all

Answer 5

• Complaint as never filled - dismissed by court