Pleadings Stage

Question 1

What is the commencement of a lawsuit?

Answer 1

The filing of the complaint/petition

This marks the official start of legal proceedings.

Question 2

What does the Statute of Limitations (SofL) indicate?

Answer 2

The complaint must be filed on or before the last day of the SofL, which is measured in years

SofL is a substantive issue and follows state law.

Question 3

Under the Erie Doctrine, what must be followed for Diversity cases?

Answer 3

State law

This determines whether the complaint was filed timely.

Question 4

Who can serve process in a lawsuit?

Answer 4

A person 18 or older and not related to the case

Related individuals must swear under oath regarding service.

Question 5

What is the time frame for serving process after the issuance of the summons?

Answer 5

Must occur within 90 days

• once summons and complaint are clear, if appilcable give it to the service agent to serve D.
• If not completed, the summons goes stale.

Question 6

What happens if a summons is not filed within 90 days?

Answer 6

The summons goes stale and cannot move the lawsuit forward

Timeliness is crucial for legal proceedings.

Question 7

What must be done if the service occurs at the wrong address?

Answer 7

You must refile a new summons to serve the correct address

Accuracy in service is essential for valid proceedings.

Question 8

How is the time period for responsive pleading expressed?

Answer 8

In days

Days are not expressed by how many days in a month.

Question 9

When counting days for responsive pleading, what day should not be counted?

Answer 9

The day the defendant was served

Start counting from the next day.

Question 10

What should be included in the time period calculation for a responsive pleading?

Answer 10

Holidays and weekends

If it falls on a holiday or weekend, move to the next business day.

Question 11

In some jurisdictions, what is allowed regarding service by mail?

Answer 11

They allow adding 3 days to your time period

This can affect deadlines for responsive pleadings.

Question 12

Can a court extend time frames for responsive pleadings?

Answer 12

Yes, for good cause except for certain specific motions

Question 13

What types of motions will a court not grant extensions for responsive pleadings?

Answer 13

• Renewed motion as a matter of law
• Motion to amend a judgment
• Motion for a new trial
• Motion to amend findings of fact in a non-jury case

These motions have strict deadlines.