Pleadings

Question 1

A minor or legally incompetent defendant must be served in accordance with the service-of-process rules of which state: the state where the litigation is, or the state where the service is made?

Answer 1

The state where the service is made.

Question 2

When is the answer due? What happens if the defendant fails to file it within this time?

Answer 2

Generally 21 days after the D is served with process.

The clerk must enter the D’s default into the record of the case. However, a federal court can set aside an entry of default for good cause, which exists when:

i) the D’s failure to timely respond as the result of excusable neglect;
ii) the D presented a meritorious defense; and
iii) the P would not be substantially prejudiced if the case is reopened.