MBE Civ Pro Time Frames Flashcards
MBE Times
Removal by Defendant
30 days
Within 30 days of service or receipt of the Initial Pleading or Summons
Demand for a Jury Trial (if Removed to Fed Ct)
14 days
Must be filed within 14 days of filing the removal
Non-removing party also has 14 days to file but the countdown BEGINS AFTER SERVICE OF THE NOTICE OF REMOVAL
If jury right was exercised prior to removal then there is no need to make another demand
Removal based on Diversity
1 YEAR
For DIVERSITY a matter can be removed up to a year AFTER THE ACTION IS COMMENCED
Motion to Remand (for anything other than SMJ)
30 days
Motion to remand must be made within 30 days AFTER the filing of the Notice of Removal
When Remand is Appealable in a Class Action
10 DAYS
The application for review must be made to the Court of Appeals NOT MORE THAN 10 days AFTER the entry of the order
Time Computation
General Rule:
- Whenever a time period is stated in DAYS, the time period EXCLUDES the day of the event that triggers the period
- BUT it INCLUDES everyday following, INCLUDING intervening:
- Saturdays, Sundays and legal Holidays
Written Motions and Notice of a Hearing
14 DAYS
A written motion and notice of a hearing MUST be served at least 14 days PRIOR to the HEARING
Opposing Affidavit (to a Written Motion and Notice of a Hearing)
7 DAYS
An opposing affidavit MUST be served at least 7 days BEFORE the hearing
Time to Act after being served and service is made by MAIL, LEAVING WITH THE CLERK, or other CONSENTED MEANS
3 DAYS –> ADDED TO PRESCRIBED TIME PERIOD.
This 3 days additional applies to the time for service of the:
- original complaint
- written motions
- discovery
- other pleadings
Time Limit for Service
90 DAYS
Plaintiff MUST serve the SUMMONS and COMPLAINT within 90 DAYS after filing the complaint (unless service is made in a foreign country).
If not made in 90 days, then Court may dismiss the action WITHOUT prejudice, or order a specific time for service to be made
Request for a Waiver of Service
30 DAYS
Request for a Waiver MUST give the Defendant a Reasonable time of AT LEAST 30 days after the request was sent.
Request for a Waiver of Service to a Foreign Defendant
60 DAYS
Request for a Waiver to a Foreign Defendant MUST give the Defendant a Reasonable time of AT LEAST 60 days after the request was sent.
If Defendant timely returns a Waiver of Service BEFORE being served with process
- when must the Defendant serve an answer to the complaint?
60 DAYS
Defendant has 60 days to serve an answer to the complaint if the Defendant returned a Waiver of Service timely.
If a FOREIGN Defendant timely returns a Waiver of Service BEFORE being served with process
- when must the FOREIGN Defendant serve an answer to the complaint?
90 DAYS
Defendant has 90 days to serve an answer to the complaint if the Defendant OUTSIDE the United States returned a Waiver of Service timely.
Normal Time Period to serve an ANSWER?
21 DAYS
The Defendant normally must serve an answer to a complaint 21 days after service of process
Length of an Interlocutory Injunction
14 DAYS
An Interlocutory Injunction may remain in effect only a limited number of days to be set by the Court, and NO LONGER THAN 14 DAYS unless good cause exists or the adversary consents
When filing a motion to dissolve a TRO, how many days notice must be given to the party who obtained the TRO
2 DAYS
If the TRO is issued without notice, the adverse party may appear and move to dissolve or modify the TRO, but must give the party who obtained the TRO two days’ notice unless a shorter time is set by the court
After filing the complaint, how long does the Plaintiff have to serve the Defendant
90 DAYS
A complaint will generally be filed before service on the defendant(s), which must then generally occur within 90 days of filing.
After service of process on the Defendant, how long does the Defendant have to either file an Answer or a Pre-Answer Motion against the Complaint?
21 DAYS
Within 21 days of service of process, a defendant must respond to a complaint either by an answer or by a pre-answer motion, or she must seek additional time to answer. If a defendant does not take one of these steps, then she risks a default.
When can a Defendant raise the Defense of Lack of SMJ?
AT ANY TIME, even on appeal.
When can a Defendant make a Motion against a complaint for the Defense of a Lack of PJ? Improper Venue? Insufficient Process? Insufficient Service of Process?
21 DAYS
The defenses of lack of personal jurisdiction, improper venue, insufficient process, and insufficient service of process must be raised in a pre-answer motion (21 DAYS after service of process of the complaint) or, if no pre-answer motion is made, in the answer (21 DAYS after service of process of the complaint), or the defenses will be waived.
When must a Defendant raise the Defense of Failure to State a Claim, or Failure to Join a Necessary and Indispensable Party?
May be raised in ANY PLEADING in a motion for judgement on the pleadings or at trial.
When must a Defendant file a Motion for Judgement on the Pleadings?
AFTER THE ANSWER IS FILED.
A motion under Rule 12(c) - Motion for Judgement on the Pleadings - must be made AFTER an ANSWER is filed
When must a Defendant file a Motion for a More Definite Statement?
BEFORE filing a responsive Pleading.
After being served with the complaint the Defendant must make a motion for a more definite statement before filing a responsive pleading.
How long does the Plaintiff have to respond to a motion for a more definite statement?
14 DAYS
The court may strike a party’s pleading if the party fails to respond to a court order granting this motion within 14 days of the notice of the order. Rule 12(e).
Motion to Strike
21 DAYS
When a responsive pleading is permitted, the responding party must move to strike prior to responding to such a pleading. When no responsive pleading is permitted, the party must make a motion to strike within 21 days after service of the pleading.
