When to File an Answer to Complaint After Motion for Definite Statement
My question involves collection proceedings in the State of: Ohio
Hello All,
Short version of my predicament is I am being sued by a collection agency and want to file a motion for a more definite statement but at what point in time if I file this first will I need to have my answers in for the complaint? If I file for a more definite statement and they have 14 days to respond it will be too late for me to file my answer or does that automatically extend the deadline or do I need to file an extension also?
Thanks for any and all help.
Re: When to File an Answer to Complaint After Motion for Definite Statement
The standard for granting a motion for a more definite statement is whether the complaint is so vague that a party cannot reasonably be required to frame a responsive pleading, and thus by bringing the motion you're alleging that it's not possible to prepare and submit an answer. This type of motion may be appropriate if a required attachment is not included with a complaint, but don't confuse a motion for a more definite statement with discovery, or with your belief that the plaintiff will be unable to prove its case.
When you represent yourself you need to familiarize yourself with the court rules for the court in which you're litigating, both statewide and local.
Quote:
Quoting Ohio Court Rules, Rule 12(E)
Motion for definite statement. If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, he may move for a definite statement before interposing his responsive pleading. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the court is not obeyed within fourteen days after notice of the order or within such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just.
Re: When to File an Answer to Complaint After Motion for Definite Statement
after the motion is heard & ruled upon (and after a new complaint is filed if granted) then you would have 14 days to file your answer (or motion to strike if desired). Your answer time requirement is on hold until the court rules.