District of Columbia Simple Motion Requesting Additional Time to Respond to a Civil Complaint

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US-00832BG
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Time limits for pleading are regulated to a large extent by specific statute or rule in each jurisdiction. Generally, time extensions for serving or filing a pleading may be allowed by the court or provided for by stipulation of the parties. A large discretion is vested in the trial court with respect to time extensions on such terms as appear reasonable under the circumstances. If a defendant's motion is overruled, generally the defendant is entitled to file an answer even though the statutory period for answering has expired.

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FAQ

Unless otherwise provided by these rules or ordered by the presiding officer, all parties shall have seven days from date of service of the motion to file and serve a response. The presiding officer may decide any procedural motion including but not limited to, motions to continue without holding a hearing.

Any person who is at least 18 years of age and not a party may serve a summons and complaint. (B) the court issues an order stating that service by a United States marshal or deputy marshal or by a person specially appointed by the court is required for service to be properly made in that particular action.

Under Rule 15(a)(2) of the Federal Rules of Civil Procedure, a party may amend its pleading if the opposing party consents to the amendment in writing.

Rule 15 ? Amended and supplemental pleadings (2) Other Amendments. In all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires.

Rule 15(a)(1) is amended to make three changes in the time allowed to make one amendment as a matter of course. Former Rule 15(a) addressed amendment of a pleading to which a responsive pleading is required by distinguishing between the means used to challenge the pleading.

Rule 12-I(a) provides that a moving party must seek consent of other affected parties prior to the filing of a motion, except with respect to Rule 11 motions for imposition of sanctions. In these instances, a good faith effort to resolve the disputed issues is required.

All appeals are governed by the District of Columbia Court of Appeals Rules. (b) STAY OF ORDER PENDING APPEAL. On motion of a party and on appropriate terms for the opposing party, the court may stay the execution or enforcement of an order pending appeal. Formerly Rule 13, this rule was renumbered as Rule 15.

The court should freely permit an amendment when doing so will aid in presenting the merits and the objecting party fails to satisfy the court that the evidence would prejudice that party's action or defense on the merits. The court may grant a continuance to enable the objecting party to meet the evidence.

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District of Columbia Simple Motion Requesting Additional Time to Respond to a Civil Complaint