NY Practice & Fed Jur: Time Requirements

Question 1

CPLR - Impleader

Answer 1

At any time, without a court order; service w/in 120 days.

Question 2

Fed - impleader

Answer 2

Within 14 days of serving answer

Question 3

CPLR: Contribution SOL

Answer 3

6 yrs

Question 4

Grave Injury

Answer 4

Death, total loss of arm/leg/foot/hand/index finger, quadra/paraplegia, severe facial disfigurement, total deafness/blindness, mental disability

Question 5

CPLR - motion on notice return date

Answer 5

No fewer than 8 days after service of notice of motion on other parties

Question 6

CPLR - no residency requirement to affect matrimonial status

Answer 6

both parties domiciled in NY and grounds arose in NY

Question 7

CPLR - 1 year residence to affect matrimonial status

Answer 7

1 party has 1 year of residency +

(a) marriage took place in NY; or (b) NY was matrimonial domicile at one point; or (c) grounds for divorce arose in NY.

Question 8

CPLR - interlocutory appeal from deciding order

Answer 8

30 days from service of order on losing party (except Art 78, only w/ court permission)

Question 9

CPLR - service of answer

Answer 9

20 days personal service/mail+acknowledgement; 30 days other forms of service

Question 10

Fed Court - service of answer

Answer 10

21 days (most forms); 60 for waiver service (mail + acknowledgement equivalent)

Question 11

CPLR - effectiveness of mail+acknowledgement service

Answer 11

If D signs/returns within 30 days

Question 12

Fed Court - effectiveness of waiver service

Answer 12

If D signs/returns within 30 days

Question 13

CPLR - Motion for Summary Judgment

Answer 13

No more than 120 days from filing note of issue

Question 14

CPLR - pre-answer motion for summary judgment (timing for suit on promissory note; action to enforce judgment)

Answer 14

Return date must be 20 days later (personal service); 30 days later (all other service)

Question 15

CPLR - improper service of process

Answer 15

even if properly alleged in pre-answer MTD or answer, follow-up motion must be made for summary judgment within 60 days of serving answer or waived.

Question 16

CPLR - attachment if ex parte motion made

Answer 16

follow-up motion on notice within 5 days (fraud basis) or 10 days (out-of-state basis)

Question 17

CPLR - motion for seizure of chattel if made ex parte

Answer 17

Show threat of destruction + follow-up motion on notice within 5 days of seizure to confirm ex parte order.

Question 18

CPLR- notice of pendancy duration

Answer 18

3 years

Question 19

CPLR-JURORS

Answer 19

6, 5 to decide

Question 20

CPLR - amending pleadings

Answer 20

20 days from service of answer or discretion of court

Question 21

fed - amending pleadings

Answer 21

21 days from service of answer or discretion of court

Question 22

CPLR- special proceeding return date for art 78 proceedings

Answer 22

return date no fewer than 20 days from filing of motion (8 for others)

Question 23

CPLR - ART 78 SOL

Answer 23

4 months from notice of final determination

Question 24

CPLR - motion to stay arbitration

Answer 24

20 days of motion to compel arbitration

Question 25

CPLR - notice for deposition date

Answer 25

20 days

Question 26

CPLR - Timing for replying to summons + notice

Answer 26

20 days to file notice of appearance or demand for complaint; P has 20 days to serve answer or else show good cause with affidavit of merit

Question 27

CPLR: application to court for default

Answer 27

w/in 1 year of default

Question 28

CPLR - appeal window

Answer 28

within 30 days

Question 29

Federal Removal

Answer 29

Within 30 days after service of first paper making case removal (except: where diversity claim, if more than 1 year has passed since filed unless P acted in bad faith OR where any D is citizen of forum state)

Question 30

federal service of process

Answer 30

within 120 days of filing complaint unless good cause for delay

Question 31

federal service - waiver by mail

Answer 31

return within 30 days (same as CPLR)

Question 32

Fed - TRO max period

Answer 32

14 days

Question 33

Fed - Service of answer after denial/post-ponement of MTD

Answer 33

14 days

Question 34

Fed - jury demand

Answer 34

within 14 days of filing pleading (legal claims only not equity)

Question 35

Fed - Renewed motion for JMOL

Answer 35

within 28 days after verdict

Question 36

Fed - Motion for new trial

Answer 36

28 days after verdict