A declaration is a statement under penalty of perjury, not sworn to before a notary.
The research for a memorandum of points and authorities is sometimes done by a paralegal.
Motion practice is often the subject of local rules of court, both in federal and state courts.
An order shortening time is often the result of an ex parte motion.
Service of moving papers in support of a motion is evidenced by a certificate of mailing.
The hearing on a motion can be handled by a paralegal.
Sanctions imposed for making a frivolous motion usually take the form of an award of attorney fees.
Under the Federal Rules of Civil Procedure, a moving party is required to give 5 days' notice of the hearing on a motion.
Meyers sues Salazar for breach of contract, the action being filed in federal court. Salazar was served with a copy of the summons and complaint on March 1 and immediately took the documents to an attorney. The attorney gave the documents to a paralegal working in the firm with the directions to prepare and file a responsive pleading. The paralegal was extremely busy and calendared the case to be sure that an answer was filed in a timely manner. Unfortunately, the paralegal entered the notation on the May calendar rather than the March calendar. As a result no answer was filed within the appropriate time limit and the plaintiff entered Salazar's default. Salazar's attorney should immediately contact Meyer's attorneys to see if they would stipulate to set aside the default. True or False?
Meyers sues Salazar for breach of contract, the action being filed in federal court. Salazar was served with a copy of the summons and complaint on March 1 and immediately took the documents to an attorney. The attorney gave the documents to a paralegal working in the firm with the directions to prepare and file a responsive pleading. The paralegal was extremely busy and calendared the case to be sure that an answer was filed in a timely manner. Unfortunately, the paralegal entered the notation on the May calendar rather than the March calendar. As a result no answer was filed within the appropriate time limit and the plaintiff entered Salazar's default. If Salazar's attorney makes a motion to set aside the default, the moving papers should be personally served on Meyers. True or False?
Meyers sues Salazar for breach of contract, the action being filed in federal court. Salazar was served with a copy of the summons and complaint on March 1 and immediately took the documents to an attorney. The attorney gave the documents to a paralegal working in the firm with the directions to prepare and file a responsive pleading. The paralegal was extremely busy and calendared the case to be sure that an answer was filed in a timely manner. Unfortunately, the paralegal entered the notation on the May calendar rather than the March calendar. As a result no answer was filed within the appropriate time limit and the plaintiff entered Salazar's default. If Salazar's attorney makes a motion to set aside the default, the best person to prepare and sign an affidavit in support of this motion would be Salazar. True or False?
Meyers sues Salazar for breach of contract, the action being filed in federal court. Salazar was served with a copy of the summons and complaint on March 1 and immediately took the documents to an attorney. The attorney gave the documents to a paralegal working in the firm with the directions to prepare and file a responsive pleading. The paralegal was extremely busy and calendared the case to be sure that an answer was filed in a timely manner. Unfortunately, the paralegal entered the notation on the May calendar rather than the March calendar. As a result no answer was filed within the appropriate time limit and the plaintiff entered Salazar's default. If this action is filed in federal court, Salazar's attorney has 21 days from the date default was entered in which to file a motion to set aside the default. True or False?
Meyers sues Salazar for breach of contract, the action being filed in federal court. Salazar was served with a copy of the summons and complaint on March 1 and immediately took the documents to an attorney. The attorney gave the documents to a paralegal working in the firm with the directions to prepare and file a responsive pleading. The paralegal was extremely busy and calendared the case to be sure that an answer was filed in a timely manner. Unfortunately, the paralegal entered the notation on the May calendar rather than the March calendar. As a result no answer was filed within the appropriate time limit and the plaintiff entered Salazar's default. The type of motion filed in this case is known as an ex parte motion. True or False.
