rule 12

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Time for answer
- 21 Days 12(a)
- unless agreed to waiver 60 within us 90 out. (refers to time waiver request was sent).
how long to answer counter claim / cross claim.

21 days
How long to reply to an answer

21 days or as specified.
how long does officer of US have to respond to complaint, claim, couter, cross

60 either as individual or officer.
effect of motion under rule r12

If motion is denied period extended 14 days after notice of dcs.

If motion for more definite statement granted, 14 days.
which b(6) motions are not waived if not combined with other motion under 12 (b)?

failure to state a claim

failure to join
advantage of 12(b)6

don't have to confirm deny
When may party move for judment on the pleadings?

after closed, but early enough to not to delay trial. 12 (c)
Court must tx as motion for summary judgment:

12 (b)6 or 12(c) judment on pleadings if raises new E
12(e)

motion for more definite statement.
When may redundant, etc, information be struck from pleading?

ct may do its on its own or, by motion, if responsive pleading not allowed or within 21 days.
12 (i)

motions must be heard decided pretrial unless ct orders deferal.

Author

95071

Card Set

rule 12

Description

cp2

Updated

2011-07-25T01:11:06Z

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