Civ Pro Dates Flashcards

(53 cards)

1
Q

Waiver of service

A

20 days to decide to wave or 30 if outside US

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2
Q

If service is waived

A

60 days to answer or pre answer motion

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3
Q

If service is not waived

A

20 days to answer or pre answer motion

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4
Q

Days to serve defendant

A

120 to serve after filing or notify court of waiver for good cause

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5
Q

Change of venue

A

10 days after the action is at issue or a good causes shown to the court up to 10 days before trial

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6
Q

Cross/counter claims/third-party answer

A

20 days to answer

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7
Q

Amended complaint that adds new party

A

120 days service. From entry of order granting leave to amend

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8
Q

Venue improper: P must costs within …

A

30 days otherwise dismissed without prejudice

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9
Q

Defendant to file for Forum non conveniens

A

60 days of service of process

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10
Q

Service

A

A defendant must be served 120 days of commencement unless good cause for excusable neglect

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11
Q

Answer (generally)

A

20 days from service by answer or motion

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12
Q

Answer: if motion is denied

A

Must file within 10 from denial EXCEPTION motion to strike - must answer within 20 days from service

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13
Q

Answer: if Motion granted

A

Must file answer within 10 days after amended complaint or more definite statement is served to answer

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14
Q

Motion for punitive damages

A

Served on all parties at least 20 days before the hearing

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15
Q

Reply

A

20 days of answer

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16
Q

Mail

A

Adds 5 days to respond

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17
Q

Amended pleadings - Plaintiff

A

Plaintiff has right to amend ONCE as a matter of course before D serves Answer (not a motion). If None is required, then 20 days.

Tricky make sure that D is answering a motion is not an answer. D can file a motion and you could amend and then he would need to respond to the amended pleadings

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18
Q

Amend pleadings Defendant

A

D has right to Amend once as a matter of course within 20 days of serving answer

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19
Q

When a pleading to which a responsive pleading is required is amended, opposing party must plead in response to amended pleading within….

A

10 days after service of amended pleading.

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20
Q

Rogs

A

30 max; 30 days; 45 if served with complaint

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21
Q

RFP

A

30 days; 45 if served with complaint

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22
Q

Motion to strike for failure to state a legal avoidance and motion for judgment on the pleadings

A

20 days after service of reply

23
Q

RFA

A

30; 30 days; 45 if with complaint

24
Q

Plaintiff to file in new forum after non conviens is approved

25
Depositions plaintiff
No need for court order unless (1) seeking a deposition before case filed (notice 20 days before hearing, same manner as summons) or (2) plaintiff wants to take a Depo less than 30 days after serving complaint unless plaintiff notifies the state that they are going to leave or defendant requests depositions
26
Deposition Defendant
Anytime
27
Party notice for nonparty subpoena production of documents/inspect land
For non-parties, given notice to all parties 10 days before subpoena issued (15 if mailed), if party objects, no production is ordered, opposing counsel can file a motion for ruling on objection or take non-party Depo with subpoena duces tecum.
28
Inadvertent disclosure : privilege holder
Privilege holder may serve a written notice within 10 days of discovering the disclosure specifying the materials as to which privileges asserted, the nature of the privilege, and the date on which the inadvertent disclosure was discovered
29
Inadvertently disclosure of privilege material challenger
Can challenge a privilege in court within 20 days of service of the notice
30
Intervention
Anytime at judges discretion
31
Impleader
Right to Implead within 20 days of serving your answer. After that, you need court permission
32
Involuntary dismissal
When plaintive fails to prosecute if there’s no record action for 10 months the court or a party files notice of involuntary dismissal, plaintiff takes no record actions and 60 days after service of the notice, motion to dismiss for failure to prosecute. Court will dismiss unless plaintiff shows good cause, in writing, at least five days before hearing on motion.
33
Pre-trial conference
Court May and must if party request, hold the conference 20 days notice required
34
Jury demand
Must be made within 10 days after service of last pleading
35
Peremptory Juror challenge
Three per person. 12 Eminent domain cases
36
Complex case management
Initial case management conference must be held within 60 days of the order declaring the case complex
37
Complex case trial
A complex case must be brought to trial within 6 to 24 months of the conference unless good causes shown
38
Final case management conference
Not less than 90 days prior to the date the case is set for trial
39
Limitations on punitive damages generally
May not exceed the greater of three times the amount of compensatory damages awarded to each claimant or $500,000
40
Punitive damages exception unreasonable financial gain
Punitive damages may not exceed the greater of four times the amount of compensatory damages awarded to each claimant or 2 million
41
Sensitive damages abuse of children elderly or developmentally disabled
Tina damages may not I see three times amount of compensatory damages to each claimant (negligence or gross negligence)
42
Punitive damages if the defendant was under the influence of any alcoholic beverage or a drug to the extent that the defendant normal acts were impaired
No cap
43
Post verdict interview of jurors
Must be served within 15 days of the verdict except for a good cause
44
Execution of entry of judgment
Stayed for 15 days to allow motions. Stay for appeal is NOT AUTOMATIC - stay for motion is automatic
45
Motion for summary judgment defendant
Defendant May move for a motion of summer judgment at any time
46
Motion for summary judgment plaintiff
Plaintiff must wait 20 days after commencing action
47
Motion for summary judgment opposing counsel Can service evidence opposing motion by
Mailing it at least five days before hearing or delivering it to opposing counsel no later than 5 PM two days before the hearing
48
Motion for a belated directed verdict
Must be filed within 15 days after verdict returned
49
Motion for new trial
Within 15 days after entry of judgement or within the time for ruining on a motion for a new trial
50
Directed verdict
Within 15 days after the return of a verdict
51
Motion for relief from judgment can be made at Any time
1. Clerical errors 2. Judgment void 3. Judgment has been satisfied, released, or discharged 4. A final divorce judgment was based on fraudulent financial affairs
52
Motion for relief from judgment within one year
1. Mistake, excusable neglect, surprise. This is relief from detail judgement 2. Fraud, misrepresentation, or misconduct from OC 3. New evidence not previously discovered despite due dillegence
53
Motions for costs and attorneys fees
No later than 30 days after filing of the judgment, including a judgment dismissal, or the service of notice of voluntary dismissal that concludes the action as to that party.