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#T3BE 235 - Early Answer for Patrons (Patreon)

Published:
2021-07-12 23:00:00
Imported:
2022-10

Content

Thomas got this right, picking (C), and running his streak to 4 in a row and 124-for-235 (52.8%) overall.  The coin got it wrong (B), and is now 5-for-10 (50%).

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Comments

Quark Twain

The time limit for service of process is 90 days. Suppose the action was filed Monday, the improper service happened Tuesday, and the answer to the complaint was given two weeks later. Why shouldn't the investor still have several weeks to try again to serve process? Can a defense of improper service only be asserted once the 90 days has passed, so it is implied that this time has expired? Or does a single attempt to serve process to the wrong person mean the action must be dismissed no matter what?

Mika! The Above Average Dog

I would love to see the accuracy of Thomas and the coin with a 10 episode rolling average; you cant weigh down the coin by using data when the coin was just starting out; it knew so little at the begining!

law
>>63664785

Great question. Your obligation to answer or otherwise respond as the defendant is triggered by when the plaintiff serves you with the complaint. So if you waited for "proper" service and got it wrong (i.e., the court held that the first service was sufficient), you'd wind up potentially subject to a default dismissal. So best practice is to move for Rule 12 on insufficient service of process after you've been improperly served. As a practical matter, there is basically no chance the court will rule on your Rule 12 motion before the remaining 90 days are up.