Rules give Parties Notice to Amend Answer unless Default

Question 1

Rules

Answer 1

Rules Commencement Government

(1) WA = Rules of + supplemented by local
(2) Commencement = service of summon to D + complaint, filing = toll 90 days, else abates
(3) Government = pre-commencement = administratively = 60 day toll

Question 2

Parties

Answer 2

Parties Indispensable Class

(1) Parties != anonymous = capacity, guardian
(2) Indispensable = must be joined if feesible; Multiple tortfeasers != joinder, else look to contract, property, other dispute.
(3) Class Action = similarly situated = Conversion = fairness if commonality (3x) of claims + defenses + damages; partial = liability only

Question 3

Notice

Answer 3

Notice Research Motion

(1) Notice = pleading = general allegations, but fair notice + factual/legal basis for relief
(2) R. Research = sanctions = atty fees, dismissal
(3) Motion to dismiss = failure to state; consolidate, else waived.

Question 4

Amend

Answer 4

Amend Scrutiny

(1) Amend = matter right = no response, else court discretion prejudice
(2) Scrutiny = add parties; Relation back = only if technicality

Question 5

Answers

Answer 5

Answers Require Affirmative

(1) Answer = due 20 service, else 60 outside
(2) Require = admit, deny + claim affirmative defenses, else waived
(3) Affirmative != denial = SOL

Question 6

Default

Answer 6

Default Appearance Negotiations

(1) Default = failure if no appearance + default judgment, unless not specified; Notice of default motion filed = required when an appearance has been made.
(2) notice of Appearance = via email, phone + follow up answer
(3) Negotiations != prior to complaint