New Hampshire Defendant's Reply to Plaintiff's Objection and in Further Support of Motion to Dismiss Claims
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FAQ
Generally, however, a defendant must file a motion to dismiss before filing an "answer" to the complaint. If the motion to dismiss is denied, the defendant must still file their answer, usually within a shortened amount of time.The motion to dismiss must be filed with the court and served on the other party.
The plaintiff must give you responses to your request for admissions within 30 days. You do not need to do anything if you do not get a response. The plaintiff has 30 days to deny or object to the statements.
231, § 16. Rule 12(c) is designed to cover the rare case where the answer admits all the material allegations of the complaint (or the reply admits all the allegations of the counterclaim) so that no material issue of fact remains for adjudication.
The responses must be accurate and made in good faith. General denials, namely, summarily denying every allegation in the complaint, are highly disfavored and may negatively affect an individual's credibility with the court. Additionally, the responses should typically be limited to one-sentence.
Rule 12, subsection (b) sets forth a list of grounds under which a defendant can move to have a case dismissed because the complaint is facially deficient (such a motion is also known as a demurrer, though strictly a demurrer can also be filed at the end of a trial).
Effect of a Rule 12 Motion - Absent a court order setting a different time, a Rule 12 motion extends the time to file a responsive pleading until 14 days after the court's denial of the motion or deferral to trial or, if more definite statement ordered, 14 days after service of the more definite statement. FED.
A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired.
There is no obligation to respond to alleged affirmative defenses....they can be contested at trial or summary judgment.
21 provides that misjoinder of parties is not ground for dismissal of an action, and that parties may be dropped or added by court order on motion of any party or of the court's own initiative at any stage in the action and on such terms as are just.