Indiana Simple Motion Requesting Additional Time to Respond to a Civil Complaint

State:
Multi-State
Control #:
US-00832BG
Format:
Word; 
Rich Text
Instant download

Description

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.

How to fill out Simple Motion Requesting Additional Time To Respond To A Civil Complaint?

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FAQ

If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby and the objecting party fails to satisfy the court that the ...

(C) Response. Any party may file a response to a motion within fifteen (15) days after the motion is served. The fact that no response is filed does not affect the Court's discretion in ruling on the motion.

A subpoena may be served at any place within the state; and when permitted by the laws of the United States, this or another state or foreign country, the court upon proper application and cause shown may authorize the service of a subpoena outside the state in ance with and as permitted by such law.

Trial Rule 11 of the Indiana Rules of Trial Procedure tracks Federal Rule 11 in stating that an attorney's signature on a pleading or motion "constitutes a certificate by him that he has read the pleadings; that to the best of his knowledge, information, and belief, there is good ground to support it; and that it is ...

Rule 4 - Process (A) Jurisdiction Over Parties or Persons - In General. The court acquires jurisdiction over a party or person who under these rules commences or joins in the action, is served with summons or enters an appearance, or who is subjected to the power of the court under any other law.

Indiana Trial Rule 6(C) provides an initial 20-days for individuals to respond to a summons and complaint. The key here is that the clock starts to run from when the summons and complaint were received. Not the date they were filed with the court.

(A) If an arrestee does not present a substantial risk of flight or danger to themselves or others, the court should release the arrestee without money bail or surety subject to such restrictions and conditions as determined by the court except when: (1) The arrestee is charged with murder or treason.

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Indiana Simple Motion Requesting Additional Time to Respond to a Civil Complaint