Timings Flashcards
Removal:
removal must occur within 30 days of service of process (not filing of suit) of the first paper showing the case is removable
π believing removal was improper for a reason other than lack of SM jx, must move to remand within 30 days of notice of removal being filed in federal court, otherwise the right is waived
Service
must be made within 90 days of filing, can be extended for good cause (+3 days if mailing)
defendant has 30 days to return the executed waiver form
Response
responsive pleadings must be filed:
within 21 days of service of process, for answer if no pre-answer motion made
within 60 days after waiver request was mailed to ∆, if service was waived
within 90 days ∆ waives and waiver request was mailed outside the US
answer within 14 days of court’s denial or postponement of a pre-answer motion
answer within 14 days of a more definite statement being given, if motion granted
Permissive counterclaim
the opposing party must answer the counterclaim within 21 days of service
Amendments to pleadings
right to amend:
plaintiff has a right to amend once within 21 days after ∆ serves first response
defendant has a right to amend once within 21 days of serving answer (ex. forgot to include an affirmative response)
Rule 11 Sanctions
if opponent’s fails to withdraw or correct matter within 21 days after the motion for sanctions is served on them, may file motion for sanctions
Impleaader
∆ has right to implead within 14 days of serving answer, otherwise court permission needed
Temporary restrianing order
a defendant can move to modify or dissolve the TRO within two days of notice
TRO can last up to 14 days, extendable for up to 14 days upon showing of good cause
can never exceed 28 days
Default Judgment
a defendant who has appeared must get notice of the hearing for default judgment at least 7 days before the default judgment hearing
FRCP 56
either party can move for SJ within 30 days after close of discovery
FRCP 26(f) conference
parties must meet and confer at least 21 days before scheduling order, unless court orders otherwise
parties must present a detailed discovery plan to the court within 14 days of conference
Discovery- required disclosures
required disclosures must be made within 14 days of the 26(f) conference, except pre-trial disclosures, which must be made within 30 days before trial
Discovery tools
equests to produce, if made before the Rule 26 conference, must served 21 days after service of process
interrogatories: 30 days from service of an interrogatory to respond or object
request to produce: must respond within 30 days of service
request for admission: must admit or deny within 30 days in writing
Jury trial
right to a jury: defendant must demand the jury in writing within 14 days after service of the last pleading raising a jury triable issue, otherwise a jury trial is waived
Post-Trial motions
motion for RJMOL within 28 days after entry of verdict
motion for new trial within 28 days after judgment
