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NYLE - Focus Test questions and answers 2025 latest update
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NYLE - Focus Test questions and answers 2025 latest update
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NYLE - Focus Test questions andanswers 2025 latest update.
_D may raise any available procedural grounds to dismiss an action
against him but if D makes a pre-answer motion and fails to include
a defense based upon lack of personal jurisdiction or lack of
jurisdiction where service was made - answer those defenses are
waived
_Defenses asserting that a defense is set out in documentary
evidence, there's lack of legal capacity to sue, another action
pending, or defenses such as collateral estoppel, release, res
judicata, statute of limitations or statute of frauds are waived
unless - answer raised in pre-answer motion/defense in the answer
_The requirement to move for judgment when objecting due to
failure to serve is waived unless the objecting party moves for
judgment on such ground within - answer 60 days after serving the
pleading
_Objections based upon lack of subject matter jurisdiction, failure to
state a cause of action, or failure to join a necessary party may be
raised: - answer at any time by motion or in a subsequent
pleading, are non-waivable and so may be raised even if a pre-
answer motion or answer was served
_Hearsay may be received into evidence only if it falls within one of
the exceptions and as long as the proponent demonstrates that the
evidence is - answer reliable, in that when spoken, it was spoken
under circumstances which render it highly probable that it was
truthful
_Hearsay is - answer an oral or written out-of-court statements
offered for the truth of the matters they assert
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