Civ Pro TIMING Flashcards
Timing Only
Default judgement
7 days
D (and the defendant’s attorney) are entitled to at least 7 days’ written notice of the request for default judgment if the defendant has appeared.
Time limit for Service of Process
90 days from filing of complaint, unless good cause.
If NOT within 90 days, P must show Good cause for untimely service.
Good cause exists if service was delayed due to matters outside of the plaintiff’s control (eg, sudden illness or injury)—not the plaintiff’s own mistake or ignorance.
sudden illness/injury
Natural disaster
Misconduct/evasion by D.
If shown, Then ct MUST extend time for service.
If NOT shown, dismiss without prejudice or order service within specified time.
Time to answer Complaint
if NO waiver = normal 21 days
If Waiver of service = 60 days
If Waiver AND outside of US = 90 days
Time for P to reply to counterclaim
21 days
Time to waive service (return request to waive service - must mail form)
30 days
60 days if OUTSIDE USA.
Removal
30 days to remove;
In diversity cases, cannot remove after 1 year
D must remove within 30 days of service of the first removable document (usually SOP).
A defendant must file a notice of removal in federal court within 30 days after receipt of the initial complaint or service of the summons—whichever period is shorter.*
*If a suit later becomes removable based on an amended pleading or motion, notice must be filed within 30 days after receipt of the amended pleading or motion.
But if more than one year has passed since the suit was commenced and removal is based on diversity jurisdiction, then the suit can only be removed if the plaintiff acted in bad faith.
Remand
30 days
Expiration of TRO
14 days
Time to file jury demand
14 days
14 days after last plerading directed to the jury triable issue is served
Time to amend as a matter of right
21 days after service or after responsive pleading or motion is served
For Amendment adding new D to relate back
90 days notice on D
Time for supplemental pleadings
21 days
Time to withdraw pleading
21 days after a rule 11 motion is served
File a motion for RJMOL
28 days after judgement to file.
File a motion for a new trial
28 days after judment to file
