However, the rules provide for another option for defendants who wish to make preliminary objections under certain circumstances. In these cases, a defendant may avoid answering immediately by filing a motion to dismiss under Federal Rule of Civil Procedure 12 b see Rule 12 b for a list of the defenses that may be raised in a 12 b motion to dismiss.
A motion under Rule 12 b like the traditional demurrer is due before serving a responsive pleading. Therefore, it must be filed no later than 21 days after the operative complaint, counterclaim or crossclaim is served. In the case that no responsive pleading is due, Rule 12 b motions can be made anytime up to and including trial. For example, when a court lacks subject matter jurisdiction over the actions making the basis of the complaint Rule 12 b 1 , the court has no power to render a judgment.
Accordingly, there is no reason for a defendant to put forth defenses to an action that cannot be maintained in the first place. Similar arguments exist where the court is not a proper venue Rule 12 b 2 or the court lacks personal jurisdiction over the defendant Rule 12 b 3. Other defenses highlight defects in the method by which the plaintiff initiated the action. A 12 b 6 dismissal, which replaced the common law demurrer, attacks the substantive merits of the complaint.
An example would be a suit for defamation in a jurisdiction that does not recognize a suit for defamation unless a plaintiff can prove a defendant published the defamatory statement. If publication of the defamatory statement is required and the plaintiff cannot alleged it, the plaintiff is not entitled to the relief requested and the court should dismiss the matter.
Rule 12 e motions for a more definite statement are due before serving a responsive pleading. Therefore, they are due no more than twenty-one 21 days after the pleading to which they pertain is served. If no responsive pleading is due, Rule 12 e motions for a more definite statement are not contemplated. A motion for more definite statement may be used in addition, or in the alternative, to a 12 b 6 motion.
A defendant may make a motion for a definite statement of a complaint to which an answer is allowed, but which is so vague or ambiguous that the defendant cannot reasonably prepare a response. Rule 12 f motions to strike are due before serving a responsive pleading. Therefore, they are due no more than twenty-one 21 days after the operative complaint, counterclaim or crossclaim is served. If no responsive pleading is due, Rule 12 f Motions to Strike are due twenty-one 21 days after the pleading to which they relate.
Motion to Strike. Summary Judgment. Court Deadlines contains reference information and calculators for common deadlines in the federal rules of civil procedure.
Court Deadlines also includes links to certain state court rules. Disclaimer: The information presented on this site is for educational purposes only. What is the deadline to reply to an answer in federal court?
Find this helpful? Share the knowledge:. Footer CourtDeadlines. Pretrial Disclosures. Serving Motions. Affidavits in Opposition to Motions. Motion for a More Definite Statement. Motion to Strike. Summary Judgment. Court Deadlines contains reference information and calculators for common deadlines in the federal rules of civil procedure. Court Deadlines also includes links to certain state court rules.
Disclaimer: The information presented on this site is for educational purposes only. When is the deadline to file an answer in federal court? Find this helpful?
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