Lecture - Week 7 - For Quiz 3 - Cover Sheet, Default Judgment, Time Computation Flashcards Preview

LAS109 - Civil Pro I > Lecture - Week 7 - For Quiz 3 - Cover Sheet, Default Judgment, Time Computation > Flashcards

Flashcards in Lecture - Week 7 - For Quiz 3 - Cover Sheet, Default Judgment, Time Computation Deck (10):
1

If you are unsure whether you need an interpreter, mark (1) on the cover sheet and in the comments write (2). If both personal injury and property, mark (3). Never put the client's (4) on the cover sheet, since he is represented by your firm. Always add an extra copy to the number of (5); this will be one that comes back to you, called a (6).

1. yes
2. "not sure"
3. personal injury
4. address
5. defendants
6. conformed copy

2

1. Summons
2. Complaint
3. Certificate of Compulsory Arbitration
4. Cover Sheet


Which order do these go into the packet?

4, 1, 2, 3

3

Once statute of limitations is up, the clerk enters (1) only by (2), which includes simultaneously a (3). Both the (4) and the (5) should be notified.

1. default
2. application
3. notice
4. party
5. attorney for the party

4

The application for default must include if you used (1). Once default is entered by the clerk, it will take effect in (2). If during that time the person responds, the default (3),

1. constructive service (don't know whereabouts)
2. 10 days
3. goes moot

5

(1) depends on the money damages in play. If it is sum certain (as in a contract case), you can enter a (2). If the judge does not want to enter a judgment, it goes to (3). If the amount is not sum certain, it goes to a (4). Commissioners schedule this, and aim for within (5). If at any point before (6) the defendant files the answer, the default is moot.

1. Judgment by default
2. motion for judgment
3. hearing
4.
5. 60 days
6. judgment

6

Even once the default is (1), the defendant may be able to set aside with (2). If the proper procedure (notice) is not followed for suing (3), the default is set aside. If service was done by publication, you need a hearing because you need a (4).

1. signed
2. good cause
3. governmental entities
4. transcript

7

Application for default judgment is (1).

1. e-filed

8

When counting time, (1) does not count as day 1. If the deadline is under 11 days, you use (2). If over 11 days, you use (3). The end day cannot be a (4), and if it is, it moves ahead to the next (5).

1. the day of
2. judicial days
3. calendar days (straight days)
4. Saturday, Sunday or holiday
5. judicial day

9

Attorneys can (1) or (2) to extend time; this is called (3).

1. agree
2. motion
3. enlargement

10

Due dates are the (1) and wording can be tricky, so (2) can help.

1. absolute last date
2. "safety nets" (1-2 days)