This is a multi-state form covering the subject matter of the title.
Virgin Islands Motion for Leave to File Third Party Complaint
State:
Multi-State
Control #:
US-MOT-01411
Format:
Word;
Rich Text
Instant download
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FAQ
Florida Rule of Civil Procedure 1.070 (j) states that a complaint must be served upon the defendant within 120 days after the complaint is filed. If it is not served within this time frame, a motion to dismiss is appropriate and the case is dismissed without prejudice.
The time for a response to a motion to dismiss in Florida will depend on the court. In general, the opposing party will have approximately two to three weeks to answer to a motion to dismiss.
Florida Rule of Civil Procedure 1.070 (j) states that a complaint must be served upon the defendant within 120 days after the complaint is filed. If it is not served within this time frame, a motion to dismiss is appropriate and the case is dismissed without prejudice.
A motion to strike must be made before a responsive pleading, if a responsive pleading is permitted. If no responsive pleading is permitted, a motion to strike must be made within 21 days after being served with the pleading.
Insufficient service of process in Florida can cause the lawsuit to be dismissed. Note: for those who file a federal claim in the federal courts, there is an independent and distinct ?service of process? procedure to follow under federal law.
In Florida, ing to Rule of Civil Procedure 1.070 (j), a complaint must be served on the defendant within 120 days of its filing. If it is not served within the time frame specified, a motion to dismiss is appropriate, and the case is dismissed without prejudice.
Under Florida service of process rules, only an authorized officer (usually the county sheriff) or a competent, disinterested third-party appointed by the court can serve as a process server in civil cases.
Waiver of Service: A defendant may waive service, which means the defendant agrees to respond to the complaint even though you did not personally serve the defendant with the complaint and summons. Here are forms for waiver of service: Notice of a Lawsuit and Request to Waive Service of a Summons (AO 398)
