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Virgin Islands Motion of Defendant to Quash Service of Process

Category:
Civil Procedure - Service of Process
State:
Multi-State
Control #:
US-01914BG
Format:
Word; 
Rich Text
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Description

A defendant may object to lack of jurisdiction over the person because of defects in the form or contents of process or in the service of the process by a Motion to Quash or a motion or set aside the process or service of the process. The defense of insufficiency of process or insufficiency of service of process may, at the option of the pleader, be raised either in the responsive pleading or by motion. A motion making these defenses must be made before pleading (e.g., answering the complaint).


This form is a generic motion and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The average Virgin Islands statute of limitations is around two years for most civil cases. This means that for whatever civil crime is committed, the plaintiff has two years from the date of the crime to talk to a lawyer.

In ance with Supreme Court Rule 201(a), an Attorney who is not regularly or specially admitted to practice law in the Virgin Islands may be specially admitted, Pro Hac Vice. This requires a motion of an attorney who is regularly admitted to practice in the Virgin Islands.

Pursuant to Supreme Court Rule 204(c)(6), no application to the Virgin Islands Bar may be filed by anyone who has been disbarred, suspended or sanctioned, without reinstatement or exoneration, or who is under pending disciplinary action by the Bar of any state, district or territory of the United States or any foreign ...

If a defendant thinks the other side did not have the Complaint and Summons properly served, they can file a motion to ask the judge to cancel (to quash) the service. This is called a motion to quash service of summons.

The U.S. Virgin Islands are part of the Third Circuit Court of Appeals. The jurisdiction has one federal district court, the U.S. Federal District Court of the Virgin Islands.

(c) Motions for judgment on the pleadings. A party may file a motion for judgment on the pleadings on the basis that no answer has been filed, or that the pleadings disclose that there are no material issues of fact to be resolved and that party is entitled to judgment as a matter of law.

The U.S. Virgin Islands do not have their own constitution. The main governing document of the U.S. Virgin Islands is the Revised Organic Act of the Virgin Islands, which was passed by the U.S. Congress in 1954.

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