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A defendant who waives service must within the time specified on the waiver form serve on the plaintiff's attorney (or unrepresented plaintiff) a response to the complaint and must also file a signed copy of the response with the court. If the answer or motion is not served within this time, a default judgment may be taken against that defendant. Federal Courts Study Committee,2 which Congress had created a year earlier to develop ways to improve federal court practice.3 This article focuses exclusively on the most significant change to federal court prac-tice in that Act: the supplemental jurisdiction provisions codified at 28 U.S.C. § 1367. In conclusion, the 30-day time limit for removal does not start for a complaint, removable on its face, until the defendant is served. A complaint, alleging generic jurisdictional damages is not removable on its face, and is not subject to removal upon service, regardless of pre-suit knowledge. In summary possession proceedings under chapter 666 of the Hawaiʻi Revised Statutes, all defendants shall appear on or answer by a return day which shall be the next court session no less than five days following the date of service if made in the circuit in which the action was commenced, and shall be the next court session not less than seven days following the date of service if made in another circuit; provided, that if a defendant cannot be found in the State, the return day shall be ... Office of the Clerk of Court. May 2013. to file a lawsuit in federal court or you have an active role, either as a plaintiff or a defendant, in a case that you or someone else has filed already in federal court; and (2) You have elected to proceed without the assistance of a trained and licensed attorney. • The Unopposed Application for Extension of Time to Answer Complaint event is found by clicking Answer Extension Application from the Motions and Related Filings category. • Select the event by clicking the downward arrow and then click the event text. Click Next to continue. • Enter the case number. How to respond to a complaint: Answer Form and verification: Notice of appearance and demand for complaint: Third Party Answer: Extend time to answer suggested procedure: Order extending plaintiff’s time: Order extending defendant’s time to answer: Order for alternative service: Verification: Court fees Mar 15, 2014 · Federal courts have limited jurisdiction. This means that they cannot hear all types of cases. There are two main types of federal jurisdiction: (1) federal question; and (2) diversity. If your claim arises under a federal law then the court will have jurisdiction to hear the claim (read 28 U.S.C. section 1331). removing to federal court, plaintiff’s counsel will inadvertently waive his or her right to a jury trial by failure to make a timely demand. C. Other Factors 1. Consider the time to trial, i.e., congestion of the civil trial dockets of the respective state and federal courts. 2. According to the rules governing federal Civil Procedure, a defendant usually is required to make a counterclaim in an answer if the counterclaim arises from the same transaction or occurrence on which the plaintiff is suing. This is called a compulsory counterclaim because the claim must be made in response to the plaintiff's complaint and ... should be heard in federal court rather than state court or some other forum. In the attached complaint, the jurisdiction section has been completed for you. The jurisdiction of this court to hear these actions is based upon 42 U.S.C. Section 2000e – 5 and when the discrimination is based on age, 28 U.S.C. Section 626(c)(1). 428.50. (a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint. (b) Any other cross-complaint may be filed at any time before the court has set a date for trial.