Time Chart of Potential Mistakes: Notices, Service and Answer

  • Municipal prior notice
  • Agency prior notice
  • Correct agency or municipality to serve- HHC, City, State
  • Private requirements- Insurers, contract requirements
  • Conditions precedent
  • Exhaustion of prior remedies
  • Affidavits to include
  • Motions for leave, requirements of affidavit, reasonable excuse, meritorious cause of action, knowledge of municipality
  • Index number for the motion, may not be used for the complaint
  • Serving by necessary method, whether certified or in person
  • You are responsible for acts of process server
  • Numerous issues of obtaining jurisdiction over the person
  • File proof of service- no longer required, but good practice
  • Communication with client reporting successful service
  • Time period for service
  • Default and the time in which to bring a default
  • Bring motion to dismiss on lack of personal jurisdiction within applicable time limit
  • Reply to Cross-claims is necessary
  • Anything not specifically denied or dealt with is admitted
  • Must include all your counterclaims
  • Must include all affirmative defenses
  • Extensions should be in writing
  • Third-party practice necessary now