Commencement of Action and Pleadings

Question 1

Actions are commenced by __________.

Answer 1

Filing

Question 2

Service must be accomplished within ____ days after filing.

Answer 2

120 (although by motion you can extend this if you cant find the defendant).

Question 3

Explain the Notice of Claim Requirement

Answer 3

Suing the government requires a Notice of Claim, which must be filed within 90 days of incident.

Question 4

Can a Notice of Claim be filed late?

Answer 4

Yes, you can make an argument for why it was filed late and show that the government is not prejudiced.

Question 5

Can a claim be filed after the expiration of the Statute of Limitations?

Answer 5

No.

Question 6

Answers to allegations can be _____ or _____ or ____

Answer 6

Admit, Deny, Deny Information or Belief Sufficient to Admit or Deny

Question 7

P has __ days to respond to a counterclaim

Answer 7

20

Question 8

When a defendant sues another defendant this is called a _________

Answer 8

cross claim

Question 9

When a defendant sues a plaintiff, this is called a ___________

Answer 9

counterclaim

Question 10

Recipient of a request for a bill of particulars has ____ days to respond to it.

Answer 10

30

Question 11

Recipient of request for bill of particulars must respond to request by either disclosing or objecting. Objections are accomplished by _________

Answer 11

A statement of reasons stated with reasonable particularity.

Question 12

If the server of the bill of particulars gets a response with objections, server can compel using what method?

Answer 12

Motion to Compel Compliance.