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If it appears to the court that there is no substantial controversy as to the material facts and that one of the parties is entitled to judgment as a matter of law, the court shall render judgment for said party.
I have been named as a defendant in a case, but cannot find an attorney. What do I do? As stated on the summons you received when the complaint was served on you, you have 21 days in which to file an Answer.
A motion to strike is a request to a judge that part of a party's pleading or a piece of evidence be removed from the record.
The Petition must be served on the defendant(s) along with a Summons. The Summons is issued by the Court Clerk and provides notice to the defendant(s) that they have been sued and directs them to respond by filing an Answer within twenty (20) days of the date they receive the Summons and Petition.
FRCP Rule 12(b) pertains to pretrial motions, and 12(b)(6) specifically deals with motions to dismiss for failure to state a claim upon which relief can be granted. As a practical matter, Rule 12(b)(6) motions are rarely successful, and when they are, their success usually has more to do with the judge than the law.
In most instances, Oklahoma plaintiffs have a two-year limit from the date of the incident in which to file a lawsuit. Exceptions include defamation (libel or slander) at one year, five years for rent and debt collection or written contracts, and three years for judgments and oral contracts.
A party shall respond to an amended pleading within the time remaining for response to the original pleading or within twenty (20) days after the service of the amended pleading, whichever period may be longer, unless the court otherwise orders.