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Unless for good cause shown the court shortens the time, a subpoena for production or inspection shall allow not less than ten days for the person upon whom it is served to comply with the subpoena.
Rule 81 requires use of a special summons which commands that the defendant appear and defend at a specific time and place set by order of the court and informs him or her that no answer is necessary.
A motion to dismiss based on the following grounds can be made at any time: Lack of subject matter jurisdiction (CPLR 3211(a)(2)). Failure to state a claim (CPLR 3211(a)(7)). Failure to join an indispensable party (CPLR 3211(a)(10)).
Rule 81 requires use of a special summons which commands that the defendant appear and defend at a specific time and place set by order of the court and informs him or her that no answer is necessary.
When a summons is served on the defendant, it must either be served personally, or on a person who is older than 16 at the premises where the defendant is employed or resides. There are exceptions to this rule but for the purposes of a medical malpractice claim, this rule applies.
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When a summons is served on the defendant, it must either be served personally, or on a person who is older than 16 at the premises where the defendant is employed or resides. There are exceptions to this rule but for the purposes of a medical malpractice claim, this rule applies.
Code 8.01-286.1, a motion to dismiss must be filed within sixty (60) days after the date the request for waiver was sent. If the defendant is outside the Commonwealth, the motion must be filed within ninety (90) days of the date the waiver was sent. V.S.C.R. 3:8 (a) (amended eff 7/5/21).
The basic requirements for filing a motion to dismiss in a criminal case include: Be in writing and signed by the party or partys attorney making the motion. State the grounds for the case. A copy of the motion must be served on the adverse party. Be sworn by the defendant. Be accompanied by a certificate of service.
Service. A subpoena may be served by a sheriff, or by his deputy, or by any other person who is not a party and is not less than 18 years of age, and his return endorsed thereon shall be prima facie proof of service, or the person served may acknowledge service in writing on the subpoena.
(A) A summons and complaint may be served upon a defendant of any class referred to in paragraph (1) or (4) of subdivision (d) of this rule by mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served, together with two copies of a notice and acknowledgment

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