Rules 12 and 4
Who can serve a summons and complaint under Rule 4?
Any person who is at least 18 years old and not a party may serve a summons and complaint
What are the Rule 12(b) defenses? Which ones are "fragile"?
12(b)
1. lack of SMJ (can be raised at any point)
2. lack of PJ (waived if not raised in first rule 12 response)
3. improper venue (waived if not raised^)
4. insufficient process (waived if not raised ^)
5. insufficient service of process (waived if not raised^)
6. failure to state a claim (any point before trial)
7. failure to join a party (any point before trial)
What are the 7 requirements for the contents of a summons/complaint?
1. Name of court and the parties
2. be directed to the defendant
3. state the name and address of the plaintiffs attorney or, if unrepresented, of the plaintiff
4. state the time within which D must appear and defend
5. Notify the D that a failure to appear and defend will result in a default judgement against D for the relief demanded in the complaint.
6. Signed by clerk
7. Bear the courts seal
What are the time requirements for a defendant to respond to a summons/complaint?
A defendant must serve an answer:
(i) Within 21 days after being served with summons and complaint, or
(ii) If timely service is waived under Rule 4(d), within 60 days after the request for waiver was sent, or within 90 days after it was sent to a defendant outside any judicial district of the US.
Explain rule 12(e)
- A party may move for a more definite statement of a pleading if it is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired.
- A court can order a more definite statement, and it must be within 14 days after notice of the order or within the time order by the court, or the court can strike the pleading.