Puerto Rico Separate Answer and Defenses to Amended Complaint

State:
Multi-State
Control #:
US-PI-0189
Format:
Word; 
Rich Text
Instant download

Description

This form is a separate answer and defenses filed by one of several defendants in a personal injury action.
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FAQ

The defendant shall answer the amendments, or the complaint as amended, within 30 days after service thereof, or such other time as the court may direct, and judgment by default may be entered upon failure to answer, as in other cases.

(a) Amendments. A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 10 days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders.

(g) Leave to answer or amend Following a ruling on a demurrer, unless otherwise ordered, leave to answer or amend within 10 days is deemed granted, except for actions in forcible entry, forcible detainer, or unlawful detainer in which case 5 calendar days is deemed granted.

An amended pleading is a pleading that is entirely rewritten pertaining to matters of substance, and is used in place of, and supersedes the original pleading; an amended Complaint should be verified the same as the original Complaint and a Summons issued and served on un-served defendants, and time to answer or ...

An amended complaint is a written revision of the original complaint filed by a plaintiff or petitioner. Rule 15 of the federal rules of civil procedure allows the plaintiff to amend their complaint one time within 21 days of serving the original complaint or at any point before the defendant answers the complaint.

(D) Answer. affirmation to the original or amended complaint within 30 days of the date of service thereof, but the hearing officer may, for good cause shown, grant further time for the filing of an answer.

It will usually be 10 days from your court date. In lawsuits for more than $50,000, the Summons will state that you must file an appearance within 30 days after the day you are served. After you file your Appearance, you will then need to file an Answer. You may want to talk to a lawyer before filing.

Under the relation-back doctrine, in order to avoid the statute of limitations, the amended complaint must: rest on the same general set of facts as the general complaint, refer to the same accident and same injuries as the original complaint, and refer to the same instrumentality as the original complaint.

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Puerto Rico Separate Answer and Defenses to Amended Complaint