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Flashcards in Time Limits usw Deck (25)
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1

Time limit to waive service

20 days if in US; otherwise 30 days

2

Penalty for failing to waive service

Will have to pay the cost of service

3

Time limit to answer if you waive service

60 days from receipt of waiver for service

4

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)

5

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

6

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

7

Venue in case against property

meistens nur wo es ists

8

Venue gainst defs living in two or more counties

where either of them live

9

Promissory note venue

only where note was signed by maker or maker resides

10

venue against state

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

11

motion to change venue time limit

must be filed within 10 days of action at issue

12

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

13

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

14

time limit to file for forum non conveniens

within 60 days of service of process on the movant party

15

what stops statute of limitations

the filing of a complaint, not the service of process

16

admitting damages

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

17

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

18

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

19

minor child age assertion

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

20

Quorum in corporation of directors

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

21

special damages

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

22

Inspect corporate shares

upon written five days notice

23

Motion for failure to state a claim

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

24

Motion for judgment on the pleadings

before the trial. after pleadings finish

25

Joining an LLC

all the members must consent