Civil Procedure Multistate Bar Practice Exam

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Which body of law primarily governs the time limits for service and removal in civil procedure?

State law
Federal law
International law
Local ordinances

The correct answer is: Federal law

The primary body of law that governs the time limits for service and removal in civil procedure is federal law. In the context of federal court procedures, the Federal Rules of Civil Procedure (FRCP) outline the requirements for service of process as well as the procedures for removal of cases from state to federal court. Specifically, Rule 4 outlines the requirements for service of process, including the time limits associated with it, while Title 28 of the U.S. Code provides the statutory framework governing the removal of cases, including the deadlines by which a defendant must file a notice of removal. While state law governs similar aspects in state court systems, in situations involving federal jurisdictions or cases initiated in federal courts, it is the federal rules that are determinative. International law and local ordinances are not relevant in the context of service and removal procedures as they pertain mainly to the operation of courts at the federal level within the United States. Thus, recognizing that federal law takes precedence in these matters is key in answering the question.