NY Practice & Fed Jur: Time Requirements Flashcards Preview

NY Bar Condensed Review > NY Practice & Fed Jur: Time Requirements > Flashcards

Flashcards in NY Practice & Fed Jur: Time Requirements Deck (36)
Loading flashcards...
1

CPLR - Impleader

At any time, without a court order; service w/in 120 days.

2

Fed - impleader

Within 14 days of serving answer

3

CPLR: Contribution SOL

6 yrs

4

Grave Injury

Death, total loss of arm/leg/foot/hand/index finger, quadra/paraplegia, severe facial disfigurement, total deafness/blindness, mental disability

5

CPLR - motion on notice return date

No fewer than 8 days after service of notice of motion on other parties

6

CPLR - no residency requirement to affect matrimonial status

both parties domiciled in NY and grounds arose in NY

7

CPLR - 1 year residence to affect matrimonial status

1 party has 1 year of residency +
(a) marriage took place in NY; or (b) NY was matrimonial domicile at one point; or (c) grounds for divorce arose in NY.

8

CPLR - interlocutory appeal from deciding order

30 days from service of order on losing party (except Art 78, only w/ court permission)

9

CPLR - service of answer

20 days personal service/mail+acknowledgement; 30 days other forms of service

10

Fed Court - service of answer

21 days (most forms); 60 for waiver service (mail + acknowledgement equivalent)

11

CPLR - effectiveness of mail+acknowledgement service

If D signs/returns within 30 days

12

Fed Court - effectiveness of waiver service

If D signs/returns within 30 days

13

CPLR - Motion for Summary Judgment

No more than 120 days from filing note of issue

14

CPLR - pre-answer motion for summary judgment (timing for suit on promissory note; action to enforce judgment)

Return date must be 20 days later (personal service); 30 days later (all other service)

15

CPLR - improper service of process

even if properly alleged in pre-answer MTD or answer, follow-up motion must be made for summary judgment within 60 days of serving answer or waived.

16

CPLR - attachment if ex parte motion made

follow-up motion on notice within 5 days (fraud basis) or 10 days (out-of-state basis)

17

CPLR - motion for seizure of chattel if made ex parte

Show threat of destruction + follow-up motion on notice within 5 days of seizure to confirm ex parte order.

18

CPLR- notice of pendancy duration

3 years

19

CPLR-JURORS

6, 5 to decide

20

CPLR - amending pleadings

20 days from service of answer or discretion of court

21

fed - amending pleadings

21 days from service of answer or discretion of court

22

CPLR- special proceeding return date for art 78 proceedings

return date no fewer than 20 days from filing of motion (8 for others)

23

CPLR - ART 78 SOL

4 months from notice of final determination

24

CPLR - motion to stay arbitration

20 days of motion to compel arbitration

25

CPLR - notice for deposition date

20 days

26

CPLR - Timing for replying to summons + notice

20 days to file notice of appearance or demand for complaint; P has 20 days to serve answer or else show good cause with affidavit of merit

27

CPLR: application to court for default

w/in 1 year of default

28

CPLR - appeal window

within 30 days

29

Federal Removal

Within 30 days after service of first paper making case removal (except: where diversity claim, if more than 1 year has passed since filed unless P acted in bad faith OR where any D is citizen of forum state)

30

federal service of process

within 120 days of filing complaint unless good cause for delay