Legal Question in Real Estate Law in California

How long does Plaintiff have to file a response to a consent or declination for it to proceed before a magistrate Judge in a Federal Complaint?

Also,how many days does defendant have to answer a Summons?


Asked on 11/30/11, 1:06 pm

2 Answers from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

The first part of your question makes no sense. The plaintiff files a complaint, has a summons issued, then serves the summons and complaint on the defendant. The defendant then must file a responsive pleading with the court, generally within 21 days after the summons is served on the defendant. See Rule 12, Federal Rules of Civil Procedure.

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Answered on 11/30/11, 2:41 pm

The answer to your first question depends on what district you are in. If you are in the same district as your zip code, you need to read Rule 73 of the Civil Local Rules of the U.S. District Court for the Northern District of California.

For your second question, read Rule 12 of the Federal Rules of Civil Procedure.

If you are representing yourself, you should also read Rule 3-9 of the Civil Local Rules, which makes you responsible for complying with all applicable Local Rules and Federal Rules, Rule 11 of the Civil Local Rules, which sets forth the standards of practice for attorneys practicing before the court, which you will be held to, as well as Rule 11 of the Federal Rules of Civil Procedure, which outlines the sanctions the courts impose for failure to comply with the various rules of court.

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Answered on 11/30/11, 2:45 pm


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