Subject to Minimum Notice and Venue Motion

Question 1

Subject

Answer 1

Subject Personal Counterclaim

(1) Subject = proper in any superior court; district = 75k, misdemeanor; always grounds
(2) Personal = minimum contacts + notice and opportunity to be
(3) Counterclaim = waiver

Question 2

Minimum

Answer 2

Minimum Long Reach

(1) Minimum state contacts = physical, legal residence, consents, w/n longarm
(2) Long arm = nature/number + purposeful availment + litigation arouse; notice for out of state = personal or abode or vehicle + affidavit saying that service cannot be made in state != mailing or publication
(3) Reach = torts, conception, cohabition != property, take credit cards, in-rem

Question 3

Notice

Answer 3

Notice Substitute Vehicle

(1) Notice = strict != actual = personal hand-to-hand is the procedure of choice by at least 18 year old service processer (not D) or at the abode with a person of suitable age/discretion.
(2) Substitute service = reasonable, diligent efforts to locate D + affidavit of factual showing (impossibility) = published in county of filing for 6 weeks (first = 60 days, tolls) = delivery + mail to D’s usual mailing address != post office box or job site; mail only = authorized + two copies + one returned w/signed receipt by when/whom; 90 days to answer;
(3) Vehicle = leave w/S of state; Corporation != sole proprietor = individual; Else designated agent, State = atty/asst general; County = auditor; towns = mayor, manager; school = superintendent

Question 4

Venue

Answer 4

Venue SOL

(1) Venue = absent K, any D’s residence, personal injury/property occurrred, convenience, ask; OR where P resides if out of state
(2) SOL for personal injury law suits = 3 years

Question 5

Motion

Answer 5

Motion Failure Waivable

(1) Motion for lack of jurisdiction over the subject matter = raised at any-time, non-waivable
(2) Failure to state and join = waivable, but failure of pre-trial motion does not fail b/c can be included in the answer or later pleading, trial, etc.
(3) Waivable for failure to consolidate or raise in answer = personal, venue, and insufficiency of process (papers) or service (notice).