Do responses to interrogatories need to be verified?
Do responses to interrogatories need to be verified?
Under Rule 33, answers to interrogatories must be verified and must be signed by the person answering the interrogatory, not only by the party’s attorney.
How long do you have to respond to a motion to strike?
In the Rutter Guide, paragraph 7:166.1, Motion to strike answer, stated: The only pleading allowed to an answer is a demurrer (which must be filed within 10 days after service . . .). Thus, a motion to strike an answer must be filed within the same period of time.
Is a motion to strike a pleading?
A motion to strike is a request to a judge that part of a party’s pleading or a piece of evidence be removed from the record. During the pleading stage, this can be accomplished by a tool such as Rule 12(f) of the Federal Rules of Civil Procedure or a state equivalent.
Which type of motion is used when the complaint fails to state a cause of action?
A motion to dismiss is a pretrial motion that can be filed in certain cases. Every state has different civil procedure rules that govern motions to dismiss and other motions. For instance, in the state of California, a motion to dismiss for failure to state a claim is called a demurrer.
What is improper venue?
Venue is the proper place for a lawsuit to proceed by there being a connection with the events leading to the lawsuit, a connection to the parties of the lawsuit, or if there is an agreement between the parties as to venue such as in a contract.
What happens after an answer is filed?
After you file an answer with the court, The court clerk will give the case a court date for you and the plaintiff to see a judge. The court will mail you the date. If your case is in small claims court, go to court on the date in the summons.
Does filing a Notice of Appearance waive personal jurisdiction?
Nevertheless, it is clear that Defendants’ filing of a general appearance with the district court constituted a voluntary acceptance of the district court’s jurisdiction, and therefore, a waiver of Defendants’ personal jurisdiction defense.
Does filing a notice of removal waive personal jurisdiction?
While a defendant can waive his objection to personal jurisdiction by failing to raise it in a timely manner, Fed. R. Civ. 12(h)(1), removal to federal court does not constitute such a waiver.
Do all defendants have to consent to removal?
ยง 1446(b)(2)(B). Do All Defendants Have to Agree to Removal? The Act codifies the well-established common law “rule of unanimity” promulgated by the U.S. Supreme Court. Now, as a matter of statutory law, all defendants who have been properly joined and served must consent to removal.
