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  1. #1
    Join Date
    Mar 2005
    Location
    Florida
    Posts
    435

    Default Rule 12 FRCP

    ok, federal court, middle district of florida.... filed a five count complaint.

    defendant's atty filed a motion to dismiss count 5 only.

    does that relieve him of the 20 day time limit to file an answer on counts 1-4 ?

    i found that he doesn't have to file an answer to count 5 until 10 days after his mtd is ruled on, but nothing that says for sure about 1-4.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Rule 12 FRCP

    See the text of the rule:
    Quote Quoting FRCP 12(a)(4)
    (4)Unless a different time is fixed by court order, the service of a motion permitted under this rule alters the periods of time as follows:
    (A) if the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleading shall be served within 10 days after notice of the court's action; or

    (B) if the court grants a motion for a more definite statement, the responsive pleading shall be served within 10 days after the service of the more definite statement.

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