Civil Procedure Law Questions
Under California civil procedure code section 338(c) what satisfies the 3 year statute of limitations in a subrogation action? Just filing the lawsuit within the 3 years? Or filing plus properly serving the lawsuit within the 3 year period from the date of the accident or date of payment?The 3 year Statute of Limitations only applies to the lawsuit being filed, not the time serving it. However if the person being served hasn't been served in the time allotted by court and civil procedure, that person can file for a Motion to Dismiss for improper service. If the Statute of Limitations has passed and the lawsuit has been dismissed, the lawsuit cannot be re-filed. If a person wants to file a Motion to Dismiss based on improper service, the person should wait until the time for service has expired or close to the expiration date. If not, the other party will realize the error and attempt to serve the other party before the expiration. More information on this can be found here: http://courtinfo.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_110
What is California code of civil procedure section 1161.2 what does that mean?Section 1161.2 outlines those who are allowed access to court files from the clerk of courts. The plaintiff and defendant of a case, as well as their attorneys have access to the file. If the case involves a building, a resident of the building can access the court file if they can provide the name of the plaintiff or the defendant. With good cause, anyone can petition the court to view a court file.
Section 1161.2 also states that when a landlord files a case in an attempt to evict a tenant, the record will be sealed for 60 days. After the 60 days, the record becomes open to the public. However, if the tenant wins the case or has it dismissed within the 60 days, the record will remain private. This offers the tenant a 60 day window to avoid an unlawful detainer complaint being viewed by the public.
Under what rule of civil procedure do I appeal a summary judgment in Connecticut? What is the time limit?A grant of summary judgment can be appealed by filing an Appeal form in the same court that granted the judgment. This needs to be done within 20 days of the time that the clerk entered the judgment in the books. Conn. Practice Book, § 63-1(a). You can go to this site. It offers forms for different courts: http://www.jud2.ct.gov/webforms/
You can also get more information on the process in Section 1 of the Connecticut Appellate handbook. http://www.jud.ct.gov/Publications/appellatehandbook.pdf
How does Florida's rules for civil procedure require that defendants be notified of a hearing to rule on a plaintiff's motion for default judgment. Will a simple 1st Class US mail letter be sufficient, or must notification be verifiable, such as Registered mail?The rule on this is 1.080, service of pleadings and papers. There isn't a set requirement on how the notice can be mailed. Registered, certified, or regular mail is acceptable. However, it is always a good idea to mail the notice by certified mail. By doing this, you will have proof that you sent the notice and the other party received it.
Civil procedures dictate the way the courts handle cases. This may vary by jurisdiction, but the basis is the same. If you have questions or doubts about civil procedures, you should ask an Expert to assist you in understanding how the legal system works. An Expert can lend legal insight on how civil procedures affect our legal system.