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14 Cards in this Set

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  • Back
  • 3rd side (hint)
Is it critical in reference to the answer? Service of the def. mustor file.
Service of answers must be done in 20 day period.
Rule 5a what papers must be served on the plaintiff?
5a Pleadings motions and orders -
Motions all 12(b). NOtice, appearance, demand, offre of judgement, record on appeal, order complaint, reply to counter calim, 3rd party complaint.
If there is an amendment to a complaint must it be served on the party?
Yes the Amended complaint must be served on the plaintiff.
Rule 5(b). Describe mail and service of process.
Serve by mail allows he service to be completed once the mailed. First class mail.
NOtice and request for wiaver allows what type?
REgistered return request reciept.
When is service complete for service of ORIGINAL summons and complaint?
Date of signing of party via on registered green receipt card.
Dates - by what date must the answer be filed w/ the court if Summons and Complaint is served on July 21st?
The answer must be filed in reasonable time. If answer is not received by July 21st -- no consequences.
Serving the answer may be done how? FRCP 5
1. mail (1st class is sifficiant).
2. leave in attoryneys office
(with suitable person)
FRCP 6e ? What if D. sends an answer with a counterclaim by 1st class mail how many days for other party to reply to this counterclaim?
20 days plus 3 extra days. Normally must reply in 20 days from date served. IF the party mailed it then the party has 23 days from date it was placed in the mail to reply to counterclaim.
FRCP 5(e). If A has a cross claim against B [where there are multiple co-defendants] what happens if B does not reply?
B is in default for that cross claim. A does not have to serve any other defendants.
FRCP 6- What is the perpose of the certificate of service?
Presumption of correctness.
FRCP 6 If the adverse party claims that they never received a paper
the party serving should show the certificate of service.
Knee pad rule
Rule 1 " your Honor in the interest of justice these rules are not meant to be held rigidly"
FRCP - Subsection 5(e) -- URGENT Filing when court is closed.
Pleadings may be filed with the judge when allowed.