Federal Jurisdiction & Procedure.docx

4 service of documents other than complaint or

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4. Service of documents other than complaint or summons a. Service of Answer i. Timing – answer must be served w/in 21 days of service of summons and complaint on ∆ . 1. If ∆ waived formal service – must serve answer within 60 days from date of mailing waiver . 2. US – within 60 days from date of service of summons/complaint . 3. Answer to cross-claim/counterclaim – 21 days from service of pleading stating counter/cross . b. Service of deposition or trial subpoena – made by person at least 18 years old and not a party. i. Can only serve in federal district of case or within 100 miles of court house/location of trial/depo; if requesting person’s attendance, include in service: 1 day attendance fee + mileage at legal rate. 5. Electronic filing – each LA district follows different local rule for document filing, signing, and verifying. a. E.D. La. – requires all documents filed in court “subsequent to those initiating new case” be filed electronically. b. M.D. La. – all documents must be filed electronically. c. W.D. La. – allows filing by electronic means by attorneys who choose to register as Users of Electronic Case Filing system, but not required . 6. Certification of constitutional challenge – when party files “pleading, written motion, or other paper drawing into question the constitutionality of a federal or state statute,” party must file “notice of constitutional question” on appropriate AG. a. Notice and pleading/motion/paper must be served by sending either by certified registered mail or electronic mail. Pre-Trial Procedures: Complaint, Answers, and Defenses, Jury Trial, Demand, Amendment, Rule 12 Motions, Rule 11 Motion 4. Complaints and other proceedings a. 6 pre-trial pleadings permitted by FRCP : i. Complaint ii. Answer iii. Reply to counterclaim iv. Answer to cross-claim v. 3P complaint vi. 3P answer b. All require : “simple, concise and direct” (notice pleading) i. Jurisdictional statement, ii. Short and plain statement showing pleader entitled to relief, and iii. Demand for judgment of relief iv. Formalities – caption: name of court, title of action with party names, file number, name of pleading; organize by paragraphs; attorney signature. c. Answers and defenses i. Denials – admit, deny, or partially deny allegations in complaint; or state lack of sufficient knowledge. ii. Affirmative defenses – some must be affirmatively pleaded in or waived (any matter constituting avoidance of liability or that party has burden of proving); ex. accord and satisfaction; arbitration and award; assumption of risk; contributory negligence; duress; estoppel; failure of consideration; fraud; injury by fellow servant;
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illegality; laches; license; release and payment; res judicata; statute of frauds; SoL or Rx; waiver. iii. Responsive pleading (if required ) – allegations are admitted if not denied (except re damages).
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  • Spring '14
  • CatherineLacroix
  • Common Law, Supreme Court of the United States, federal court, SMJ

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