JURISDICTION / SERVICE

Question 1

D has ______ days from when service is complete to appear in P’s action and avoid a default judgment.

• HOWEVER: D has _____ days where D:
  
  • (2)

Answer 1

D has ___30___ days from when service is complete to appear in P’s action and avoid a default judgment.

_HOWEVER: D has __20___ days where D: _

1. Is served personally in NY
2. D consents to service by mail

Question 2

To obtain valid procedural jurisdiction 14th due process clause requires that:

• D must have MOP:
  
  • DIIAL C (under M)
• If D timely raises the jurisdictional defense,
  
  • P’s action will be_________:
  • If D does not appear can P enter default judgment?

Answer 2

To obtain valid procedural jurisdiction, 14th due process clause requires that D Must have a MOP:

• M: MINIMUM contacts with NY:
  
  • quality and nature of D’s contacts w/ NY are sufficient =
  • does NOT offend traditional notions of fair play and substantial justice.
• **O: ** D must have an OPPORTUNITY to be heard:
• **P: ** D must be PROPERLY served with process:

**For the CT to find sufficient minimum contacts over D, D must DIIAL C: **

• D: DOMICILED in NY
• I: INCORPORATED in NY
• I: Served IN-STATE (non-domicile)
• A: Proper service on AGENT designated to accept service
• L: CT has LONG-ARM jurisdiction over non-domicile (Asahi-5)
• **C: D CONSENTS to NY jurisdiction **

Asahi: CT determines “traditional notions of fair play” when asserting personal juris over out-of-state D based on:

1. Burden on the D:
2. Interest of the forum state in litigation
3. interest of P in litigating in the state
4. interstate efficiency
5. interstate policy interests

If D timely raises the jurisdictional defense:

• CT must dismiss P’s action.

If D does not appear and P enters a default judgment:

• Judgment is nullity: w/out MOP = violates due process

Question 3

Whether Non-NY business is subject to personal jurisdiction:

• PAN

Answer 3

Whether the Non-New Yorker:

• PURPOSELY
• AVAILED itself of
• NY business opportunities.

Question 4

NY: Matrimonial Action

• NY P seeking maintenance or support:
  
  • Has personal jurisdiction over non-domicile IF:
    
    • DADS

Answer 4

In a matrimonial action, a NY P seeking alimony has personal jurisdiction over a non-domicile IF:

• D: NY was most recent DOMICILE of the parties
• A: ABANDONMENT took place in NY
• D: Claim for support accrued under NY DECREE of NY law
• S: Parties executed a SEPERATION agreement in NY

Question 5

Even if D has NO minimum contacts w/ NY or was NOT properly served:

• D may consent to NY Jurisdiction by:
  
  • **SCAMS ** (A SCAM)

Answer 5

Even if D has NO minimum contacts w/ NY or was NOT properly served:

**D may consent to NY Jurisdiction by SCAMS: **

• S: STIPULATING in open court,
  
  • pleading, contract, signed writing, or letter
• C: Asserting UNRELATED COUNTERCLAIM in answer:
• A: Failing to include MOP objection as AFFIRMATIVE defense in answer:
  
  • BUT: D has 20 days to amend answer, “as of right.”
• M: Making MOTION to dismiss prior to answer, AND
  
  • failing to include MOP objection.
• S: Failing to move for SUMMARY judgment w/in 60 days:
  
  • After serving answer asserting improper service of process
    
    • Unless lack of minimum contacts was in answer

Question 6

AL RAN can serve a summons outside NY state:

Answer 6

AL RAN can serve a summons outside NY State:

• A: ATTORNEY admitted in that jurisdiction;
• L: Anyone allowed under LAWS of that jurisdiction; OR
• RAN: NY RESIDENT ADULT NON-PARTY

Question 7

Service is only proper if made pursuant to:

• CID’S MAIL:

Answer 7

• *Service is only proper if made pursuant to**
• *CID’S MAIL:**
• C:COURT-Intervened service
• I:IN-HAND personal delivery to D
• D:DUE DILIGENCE: (nail, mail, file proof of service)
• S:Delivering to SAD person of Suitable Age & Discretion:
  
  • At D’s place of business, residence: THEN
  • Mail copy to D, & File proof of service
• MAIL:Process to D, but:
  
  • ONLY if D agrees to such service

Question 8

Service on a Corp must be made on:

• A MAC DOG person

Answer 8

• *Service on a Corp must be made on**
• *A MAC DOG person:**
• A: ASSISTANT cashier
• M: MANAGING agent:
• A: AUTHORIZED AGENT: (Expresly, impliedly, or by estoppel)
• C: CFO (CASHIER)
• D: DIRECTOR
• O: OFFICER (President, VP, etc.)
• G: GENERAL AGENT

Question 9

3 ways for D to formally appear in action:

• MAN

Answer 9

• *3 ways for D to formally appear in action:**
• • MAN**
• M: Making any pre-answer MOTION, which extends D’s time to answer
• A: Serving ANSWER to P’s complaint
• N: Serving NOTICE of appearance:
  
  • when summons is served w/out complaint

Question 10

Transitory vs Local Actions:

• Jurisdictional Limitations

Answer 10

Transitory Action:

• Can commence anywhere personal Service of Process can be made on D:
  
  • E.g. to recover damages in breach of contract or tort actions.

Local Actions:

• Can only be brought where the subject matter of the controversy exists.
  
  • E.g. IF title to real prop will be directly affected by the judgment of the CT.
  • Such actions generally must be tried in the county where the particular property is located.

Question 12

Demmanding a jury trial:

• Fed CT: W/in _____ days of the last pleading is served.
• NY: When the _________ and ___________ is filed.

Answer 12

Demanding a jury trial:

Fed CT: W/in _10_ days of the last pleading is served.

NY: When the notice of issue and statement of readiness is filed:

• placing the case on the trial calendar.

Question 13

P must serve D w/in ____ days of filing process w/ county clerk.

• Service is complete _____ days after proof of service is filed.

D has ____ days after service is complete to respond.

• Or, ____ days if D is personally served.

Answer 13

P must serve D w/in __120__ days of filing process w/ county clerk.

• Service is complete __10__ days after proof of service is filed.

D has __30__ days after service is complete to respond.

• Or, _20_ days if personally served.

Question 14

To change venue as of right: D must demand _____ or_____ serving his ______.

Motion to change venue may be made __________.

Answer 14

To change venue as of right, D must demand with or before serving his answer.

Motion to change venue may be made at any and is addressed to the CTs discretion.

Question 15

Latent Exposure Rule:

• SOL for P exposed to to injury from latent effects of a harmful substance.
• Not applicable to injuries caused by _________________.

Answer 15

Latent Exposure Rule:

• P is exposed to injury from the latent effects of a harmful substance.
• P has 3 years from discovering the symptoms of the injury.

Latent Exposure Rule does NOT apply to Medical Malpractice.