Motion Dismiss Answer For Today
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FAQ
A Reply is important if either: the defendant has raised new allegations of fact; or. the defendant has filed a counterclaim against you (the response to a counterclaim is called an answer).
If a counterclaim is filed, the plaintiff must be given the opportunity to respond by filing a reply.
The deadline to file a reply is 14 days before the motion hearing date. You may not file a response to a reply without permission from the Court. Federal Pro Se Clinic ? Roybal Courthouse ? 255 East Temple Street, Suite 170 ? Los Angeles, CA 90012 ? (213) 385-2977 ext. 270 Open on most Mondays, Wednesdays, and Fridays.
Insufficient service of process under Rule 12(b)(5) occurs when the paperwork is complete, but isn't properly delivered to the defendant. For example, if the plaintiff leaves the summons with the defendant's six-year-old child, that would invalidate the service.
Affirmative defense?Examples On [Date], after making the contract and the alleged breach, and before this action was commenced, defendant paid to the plaintiff the sum of [specify amount], which was accepted by the plaintiff in full satisfaction and discharge of the damages claimed in the petition.