Time Chart of Potential Mistakes: Notices, Service and Answer
Notices
- Municipal prior notice
- Agency prior notice
- Correct agency or municipality to serve- HHC, City, State
- Private requirements- Insurers, contract requirements
- Conditions precedent
- Exhaustion of prior remedies
- Affidavits to include
- Motions for leave, requirements of affidavit, reasonable excuse, meritorious cause of action, knowledge of municipality
- Index number for the motion, may not be used for the complaint
- Serving by necessary method, whether certified or in person
Service
- You are responsible for acts of process server
- Numerous issues of obtaining jurisdiction over the person
- File proof of service- no longer required, but good practice
- Communication with client reporting successful service
- Time period for service
Answer
- Default and the time in which to bring a default
- Bring motion to dismiss on lack of personal jurisdiction within applicable time limit
- Reply to Cross-claims is necessary
- Anything not specifically denied or dealt with is admitted
- Must include all your counterclaims
- Must include all affirmative defenses
- Extensions should be in writing
- Third-party practice necessary now