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.

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.

Kings New York Legal Opinion

Name: Kings New York Legal Opinion
Brand: US Legal Forms
Rating: 4.56 (257 reviews)

Category:

Partnerships - Equity Funds

State:

Multi-State

County:

Kings

Control #:

US-PE-LAM

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Instant download

Description

This is a sample private equity company form, a Legal Opinion on the validity and effect of a partnership agreement. Available in Word format.

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FAQ

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.

Except when otherwise specifically required by law or rule, pleadings need not be under oath, verified or accompanied by affidavit. A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his personal knowledge or based on authentic records.

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.

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.

Generally, verified complaints are not necessary and apply only to specified situations. New York has waived governmental (sovereign) immunity and permits claims against the state. There is a no compulsory joinder of parties. Numbered paper is no longer required for New York pleadings.

The plaintiff must verify the complaint when: The action involves: the sale and delivery of goods or the performance of labor or services (CPLR 3016(f)); or. the conduct of a director, officer, or trustee under New York's not-for-profit corporation law or arts and cultural affairs law (CPLR 3016(h)).

A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party. A request to withdraw a motion after submission must be supported by a stipulation of withdrawal signed by all counsel.

A complaint where the plaintiff (or, in limited cases, the plaintiff's counsel) swears to the allegations, demonstrating to a court that the plaintiff has investigated the charges against the defendant and found them to be of substance.

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

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Kings New York Legal Opinion

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How long does a defendant have to answer a complaint in New York?

Should a complaint be verified?

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

What happens if the defendant doesn't respond to the complaint?

How long do you have to serve a complaint in New York?

Does a complaint need to be verified in New York?

What pleadings must be verified in New York?

How do I withdraw a motion from the New York Supreme court?

What is a verified complaint in NY?

How long does a defendant have to answer a complaint?

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