Arkansas Amended Complaint - Medical Malpractice
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How to fill out Amended Complaint - Medical Malpractice?
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FAQ
Get the form. You need one form: Form 3B- Statement of Claim. ... Fill out the form. You can fill out your form: ... File the form. The next step is to file the form at your nearest Local Court. ... Serve the form. Once you have filed the amended Statement of Claim, it needs to be served on all the defendants.
If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim. No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion.
Rule 12 substitutes the word "file" for serve and requires that the responsive pleading be filed within the time prescribed by this rule as opposed to serving the pleading as is the case under FRCP 12. By using this terminology, it is believed that arguments can be avoided as to when a pleading was served.
A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 20 days after service of the amended pleading, whichever period is longer, unless the court otherwise orders.
Rule 4 - Summons and Service of Process (a)Issuance of Summons. Immediately on the filing of the complaint, the clerk shall issue a summons to the plaintiff or the plaintiff's attorney, who shall deliver it for service to a person authorized by subdivision (c) of this rule to serve process.