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Flashcards in Time Limits usw Deck (25)
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Time limit to waive service

20 days if in US; otherwise 30 days


Penalty for failing to waive service

Will have to pay the cost of service


Time limit to answer if you waive service

60 days from receipt of waiver for service


Period felony must generally be tried within

175 days (plus hearing to be held within five days and then trial within 10 days of that)


How to serve the state

Serve the state attorney of the judicial circuit and then send two copies by certified mail to the Attorney General


Time limit to serve process after filing case

Must serve within 120 days of filing case or court will dismiss w/o prejudice, order you to do something, or drop the defendant


Venue in case against property

meistens nur wo es ists


Venue gainst defs living in two or more counties

where either of them live


Promissory note venue

only where note was signed by maker or maker resides


venue against state

generally where the state agency has main headquarters, but exception if suing to access public records, violation of rights, joint tortfeasor


motion to change venue time limit

must be filed within 10 days of action at issue


venue attestation requirement

motion must be supported by affidavits from two reputable citizens of the county who are not relatives of movant or their attorney


new filing fee to be paid when venue is transferred

and this fee must be paid within 30 days or the case will be dismissed without prejudice


time limit to file for forum non conveniens

within 60 days of service of process on the movant party


what stops statute of limitations

the filing of a complaint, not the service of process


admitting damages

damages are not admitted by failing to deny them in your pleading


Amending a pleading

May be done before other party responds or within 20 days if no pleading allowed. otherwise, need approval of the other party or the court


Motion to amend to add punitive damages

Needs to be reasonable based on showing in record or evidence to be proffered. Needs to be made within at least 20 days before hearing


minor child age assertion

must be done specifically in their pleading if you're going to use it


Quorum in corporation of directors

need the majority for a quorum and the majority of those present to vote


special damages

must be specifically stated (examples include business loss, loss of earnings)


Inspect corporate shares

upon written five days notice


Motion for failure to state a claim

can only consider the facts alleged in the complaint. don't consider affirmative defenses


Motion for judgment on the pleadings

before the trial. after pleadings finish


Joining an LLC

all the members must consent