Should cover a 12(b)(6) motion as well.BelugaWhale wrote:Got 2 quick civ pro questions
1) If D gives a waiver to P for service then D's time to file an answer is extended to 60 days from 21 days, or 90 days if D is outside US. Does a waiver also extend time to file a pre-answer motion (12b motions) as well? Or is stuck at 21 still?
VA Code § 8.01-286.1(C)
...defendant that, before being served with process, timely returns a waiver so requested is not required to serve a grounds of defense or other responsive pleading to the motion for judgment or other initial pleading until 60 days after the date on which the request for waiver of service was sent, or 90 days after that date if the defendant's address was outside the Commonwealth.[/quote]
Agree that this makes no sense, but the Rule suggests that the geographic distinction is only for waiver.BelugaWhale wrote: 2) Is 21 days for filing answer the rule for D's that are outside US as well? Because it doesn't make sense to me that if you get a waiver suddenly the time to answer is split based on geography (60 days vs 90 days) but with no waiver, there is one time applicable to both situations.
"Rule 3:8. Answers, Pleas, Demurrers and Motions.
(a) Response Requirement. A defendant shall file pleadings in response within 21
days after service of the summons and complaint upon that defendant, or if service of the
summons has been timely waived on request under Code § 8.01-286.1, within 60 days
after the date when the request for waiver was sent, or within 90 days after that date if the
defendant was addressed outside the Commonwealth."
EDIT: Wait, you said outside the US? Isn't the rule outside Virginia? That's what the Themis outline says, although I feel like I saw someone say U.S. also. Did the lecturer get it wrong?