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19 Cards in this Set
- Front
- Back
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Notice of removal
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o Must be filed w/i 30 days of D receiving process
o No more than 30 days after case becomes removable o However, if the case is based on diversity of citizenship, not more than 1 year after claim is brought in state court |
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Motion to dismiss for lack of subject matter jurisdiction
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May be raised at any time (even on appeal)
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Motion to dismiss for lack of jurisdiction over the person
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Must be raised in first responsive pleading / motion
If not, it is waived |
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Motion to dismiss for improper venue
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Must be raised in first responsive pleading / motion
If not, it is waived |
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Motion to dismiss for insufficiency of service of process
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Must be raised in first responsive pleading / motion
If not, it is waived |
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Motion to dismiss for failure to state a claim upon which relief can be granted
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May be raised anytime before / at trial
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Motion to dismiss for failure to join an indispensable party
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May be raised anytime before / at trial
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Compulsory counterclaim
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Must be pleaded as counterclaim or will be thereafter barred
Arises out of the same transaction or occurrence as the original claim Must share a common nucleus of operative fact so as to be considered a single case / controversy Need NOT meet jurisdictional amount NOTE: There are NO compulsory counterclaims in VA!!! |
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Pleadings
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Must be filed w/i 20 days of service of process
May be amended once before responsive pleading is served |
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Discovery
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May begin after initial pre-trial conference (not until then)
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Interrogatories
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Must be reponded / objected to w/i 30 days
If not, it is waived |
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Request for admission
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Must be responded to w/i 30 days
Deemed admitted if not objected to |
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Motion for summary judgment
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P must wait 20 days after serving process before filing
D need not wait (can file when served) |
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Motion for judgment as a matter of law
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Must be filed at close of evidence / before submitting case to the jury
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Renewed motion for judgment as a matter of law
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Must be filed w/i 10 days of date judgment is entered
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Motion for new trial
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Must be filed w/i 10 days of date judgment is entered
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Motion to set aside final judgment
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Must be raised w/i 1 year of judgment
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Right to jury trial
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Must be demanded w/i 10 days of last pleading filed by either party or w/i 10 days of when jury triable issue arises
If removed, w/i 10 days of removal |
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Notice of appeal
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Must be filed w/i 30 days from date of entry of trial court's order
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