Legal Civil Procedure & Litigation 3

Question 1

A defendant who timely waives service under Rule 4(d) within the United States has how long to answer, measured from when the waiver request was sent?

Accepted Answer

60 days

Answer

Rule 12(a)(1)(A)(ii) gives 60 days from when the request was sent as an incentive to waive.

Question 2

Under Twombly and Iqbal, to survive a Rule 12(b)(6) motion a complaint must contain:

Accepted Answer

Enough factual matter to state a claim that is plausible on its face

Answer

The plausibility standard replaced Conley's 'no set of facts' test.

Question 3

A defendant files a Rule 12(b)(6) motion but omits a personal jurisdiction defense. What happens to that defense?

Accepted Answer

It is waived

Answer

Under Rule 12(h)(1), personal jurisdiction, venue, process, and service defenses are waived if omitted from a pre-answer Rule 12 motion.

Question 4

Under Rule 15(a)(1), a party may amend its pleading once as a matter of course within:

Accepted Answer

21 days after serving it, or 21 days after service of a responsive pleading or Rule 12(b), (e), or (f) motion

Answer

Rule 15(a)(1) allows one amendment as of course within those 21-day windows.

Question 5

Before filing a Rule 11 sanctions motion, the movant must serve it on the opposing party and allow how long for withdrawal or correction?

Accepted Answer

21 days

Answer

Rule 11(c)(2) provides a 21-day safe harbor.

Legal - Attorneys Practice Test

Legal - Attorneys Practice Test

Legal Civil Procedure & Litigation 3