NY Practice & Fed Jur: Time Requirements Flashcards
CPLR - Impleader
At any time, without a court order; service w/in 120 days.
Fed - impleader
Within 14 days of serving answer
CPLR: Contribution SOL
6 yrs
Grave Injury
Death, total loss of arm/leg/foot/hand/index finger, quadra/paraplegia, severe facial disfigurement, total deafness/blindness, mental disability
CPLR - motion on notice return date
No fewer than 8 days after service of notice of motion on other parties
CPLR - no residency requirement to affect matrimonial status
both parties domiciled in NY and grounds arose in NY
CPLR - 1 year residence to affect matrimonial status
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.
CPLR - interlocutory appeal from deciding order
30 days from service of order on losing party (except Art 78, only w/ court permission)
CPLR - service of answer
20 days personal service/mail+acknowledgement; 30 days other forms of service
Fed Court - service of answer
21 days (most forms); 60 for waiver service (mail + acknowledgement equivalent)
CPLR - effectiveness of mail+acknowledgement service
If D signs/returns within 30 days
Fed Court - effectiveness of waiver service
If D signs/returns within 30 days
CPLR - Motion for Summary Judgment
No more than 120 days from filing note of issue
CPLR - pre-answer motion for summary judgment (timing for suit on promissory note; action to enforce judgment)
Return date must be 20 days later (personal service); 30 days later (all other service)
CPLR - improper service of process
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.
CPLR - attachment if ex parte motion made
follow-up motion on notice within 5 days (fraud basis) or 10 days (out-of-state basis)
CPLR - motion for seizure of chattel if made ex parte
Show threat of destruction + follow-up motion on notice within 5 days of seizure to confirm ex parte order.
CPLR- notice of pendancy duration
3 years
CPLR-JURORS
6, 5 to decide
CPLR - amending pleadings
20 days from service of answer or discretion of court
fed - amending pleadings
21 days from service of answer or discretion of court
CPLR- special proceeding return date for art 78 proceedings
return date no fewer than 20 days from filing of motion (8 for others)
CPLR - ART 78 SOL
4 months from notice of final determination
CPLR - motion to stay arbitration
20 days of motion to compel arbitration
CPLR - notice for deposition date
20 days
CPLR - Timing for replying to summons + notice
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
CPLR: application to court for default
w/in 1 year of default
CPLR - appeal window
within 30 days
Federal Removal
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)
federal service of process
within 120 days of filing complaint unless good cause for delay
federal service - waiver by mail
return within 30 days (same as CPLR)
Fed - TRO max period
14 days
Fed - Service of answer after denial/post-ponement of MTD
14 days
Fed - jury demand
within 14 days of filing pleading (legal claims only not equity)
Fed - Renewed motion for JMOL
within 28 days after verdict
Fed - Motion for new trial
28 days after verdict
