A counterclaim is initiated upon service of the pleading containing it. CPLR 203(d). Counterclaims are subject to the same statute of limitations provisions found in Article 2 of the Civil Practice Law and Rules. Notwithstanding the expiration of time under the statute of limitations, if a counterclaim was not time-barred at the time the original complaint was filed, it may be asserted during the pendency of that action. CPLR 203(d).
Three common types of motions, motion to quash, motion to dismiss, and motion to sever, all appear to have the same goal – yet, which one will achieve your objective?
Ex Parte motions are invoked when there is an urgent need for one party such as a protection from domestic abuse and the need for a temporary restraining order.
South Carolina District Court Local Rules were amended November 15, 2013
How to follow the California Rules of Civil Procedure? It all starts with knowing what those rules are. The problem is that court websites are not always up to date. That’s why we built SmartRules. SmartRules has all the rules for all of the local jurisdictions and courthouses in California all in one place. That … Read more
Discovery in foreign jurisdictions has traditionally been problematic, and costly, for all parties involved in litigation, most especially for nonparty witnesses residing in another state. In 2007, the Uniform Law Commission formally addressed this issue with the promulgation the Uniform Interstate Depositions and Discovery Act. Under this Act, known as UIDDA, litigants from the … Read more