How long does a defendant have to answer a complaint?

Under the federal rules, in most instances, the defendant's answer must be made within 20 days of receiving service of the complaint.

How long does a defendant have to serve an answer to a complaint filed in the District or Superior court in NC?

Typically, the defendant has 30 days to respond by filing an answer. An answer includes the defendant's responses to the plaintiff's allegations and any defenses.

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General Form of a Motion of Plaintiff and Notice to Defendant of...

Suffolk New York General Form of a Motion of Plaintiff and Notice to Defendant of Hearing on Motion

Name: Suffolk New York General Form of a Motion of Plaintiff and Notice to Defendant of Hearing on Motion
Brand: US Legal Forms
Rating: 4.75 (400 reviews)

Category:

Civil Procedure - Motions - Notices

State:

Multi-State

County:

Suffolk

Control #:

US-01056BG

Format:

Instant download

Description

A motion is an application to a judge or court requesting a specific order directing performance of an act for the benefit of the applicant. Generally, where there is a procedural defect in a proceeding, a motion is an appropriate remedy. However, it is usually used to obtain relief not available through other pleadings. An order is a direction by a judge or court that certain actions should or should not be performed, and is usually, although not always, made in response to a party's motion.

This form is a generic example that may be referred to when preparing such a form for your particular state. It 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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How to fill out Suffolk New York General Form Of A Motion Of Plaintiff And Notice To Defendant Of Hearing On Motion?

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FAQ

1) RJIs Generally The fee for filing an RJI (UCS 840, revised 2012) is paid to the County Clerk via the New York State Courts Electronic Filing System (NYSCEF) in e-filed cases and to the County Clerk's cashier's office, Room 160, in paper cases. A "fillable" form RJI is available on-line.

Answering a Summons and Complaint. The time to answer the summons and complaint is either 20 or 30 days, depending on how you got the papers: 20 days - if the summons was given to you by personal (in hand) delivery. 30 days - if the summons was given to you in any other way.

The New York state court system that provides for the continuous supervision of each action or proceeding by a single judge. Actions and proceedings are randomly assigned to the judges of the court once a party files a request for judicial intervention (RJI).

If the defendant does not reply to your claim, you can ask the court to enter judgment 'by default' (that is, make an order that the defendant pay you the amount you have claimed because no reply has been received). You should do this as soon as possible after the 14 days have passed.

A summons with notice or summons and complaint must be served within 120 days of filing with the County Clerk.

Under the New York rules, a judge is not assigned to a case until one of the parties files a Request for Judicial Intervention (or "RJI") Form with the clerk.

A form that a party files in an action that has not yet been assigned to a judge. The RJI is a request for the court to become involved in the matter and will result in the assignment of a judge, who will then preside over the action until its end.

The court will not accept motions, orders to show cause, requests for court conferences, or any other papers until an RJI is filed. An RJI may be filed at any time after service of process and must conform to the requirements of 22 NYCRR § 202.6.

Under the federal rules, in most instances, the defendant's answer must be made within 20 days of receiving service of the complaint.

Typically, the defendant has 30 days to respond by filing an answer. An answer includes the defendant's responses to the plaintiff's allegations and any defenses.

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On the motion form, print or type the case file number, case type, name of the plaintiff(s), and the name of the defendant(s). .2 Deciding the Certification Motion 266 .Plaintiff separate or additional summons shall be issued against any defendants. Have a right to the same type of interlocutory appeal currently allowed in the Probate and Family Court under G.L. c. Fill out the form to access a sample of Practical Guidance. Note: All undesignated references herein to the United States Code are to the 1994 edition.

Suffolk New York General Form of a Motion of Plaintiff and Notice to Defendant of Hearing on Motion

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