Wednesday, April 6, 2011

Do I REALLY want to do this?

I just read this paragraph I pasted below, and I understood about as much of it as you probably did. I thought, do I really want to be a lawyer?

We agree that Rule 12 "purports to have universal application, and we see no reason to deviate from its plain language." Kersh, 851 F.2d at 1512. One court has commented that to hold otherwise "would lead to the indefensible proposition" that a defendant, who voluntarily waives an objection to a Rule 4(j) (now Rule 4(m)) violation, can be precluded from doing so by a requirement that the court dismiss the action. Pardizi, 896 F.2d at 1316-17 n.2. Once it is recognized that the mandatory language of Rule 4(m) is applicable until occurrence of one of the circumstances covered by Rule 12(h), which governs thereafter, any facial tension between the two rules is avoided. We hold, therefore, that a defense that service of process was untimely under Rule 4(m) is subject to Rule 12's waiver provisions and may be waived if not raised in compliance with that rule. Accordingly, ABPS waived its objection to the timeliness of the October 28, 1996, service when it omitted that defense from its January 17, 1997, motion to dismiss for lack of personal jurisdiction pursuant to Rule 12(b)(2), and for improper venue pursuant to Rule 12(b)(3).

8 comments:

Melissa said...

I like how they used the phrase 'any facial tension'
Cause I just got facial tension from reading that.

etreiersen said...

Andy, that is good question to ask yourself 5 weeks before graduating from law school. Maybe you should go to medical school next.

Hilary Jorgensen said...

reiersens, mind your own business.

Lyric Payne said...

As my kids would say...what the?

Cicily said...

Oh man! That's rough.

Molly said...

That's a good paragraph to memorize cuz them if you're ever in court and you're outta material you can just start quoting that and everyone will think you're way smarter than them and then you'll win like a bazillion dollars.

Mike said...

How does that not make perfect sense? I can't see it being written any other way.

Brett & Hailey Cahoon said...

uh-huh. Glad it's you guys, not me. Somebody's gotta figure it out.