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A summons shall be served together with a copy of the complaint. The plaintiff is responsible for directing the clerk in the manner of service of the summons and complaint within the time allowed under subdivision (k). Service may be effected by any person who is not a party and who is at least 18 years of age.
Federal Rule of Civil Procedure 6(b) Upon motion made, Rule 6(b)(1)(B) permits a post-deadline filing extension ?for good cause,? if the party failed to act because of ?excusable neglect.? Lujon v. Nat'l Wildlife Fed'n, 498 U.S. 871, 896 (1990).
- Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served upon the party by mail, 3 days shall be added to the prescribed period.
Findings of fact, whether based on oral or other evidence, must not be set aside unless clearly erroneous, and the reviewing court must give due regard to the trial court's opportunity to judge the witnesses' credibility.
Rule 9 - Pleading special matters (a)Capacity. - It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party.
A defendant shall serve an answer within 20 days after the service of the summons, unless before the expiration of that period the defendant files with the court and serves on the plaintiff a notice that the defendant has a bona fide defense, and then an answer shall be served within 30 days after the defendant was ...
- If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before interposing a responsive pleading.
- (1) All papers after the complaint required to be served upon a party together with a certificate of service, shall be filed with the court within a reasonable time after service.