This is a multi-state form covering the subject matter of the title.
South Carolina Motion for Leave to File Third Party Complaint
State:
Multi-State
Control #:
US-MOT-01411
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Motion For Leave To File Third Party Complaint?
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FAQ
Ingly, this Court should stay discovery until it rules on the pending Motion to Dismiss. Defendants request that the Court grant this Motion and stay the discovery served by Plaintiff until such time as the Court issues an order resolving Defendants' Motion to Dismiss.
A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired.
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.
Plaintiffs in South Carolina, however, often submit a written response before or at the hearing on the motion. A responsive pleading, if necessary, must be served within 15 days after notice of the court's action on a motion to strike (S.C. R.
(e) Motion for More Definite Statement. If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before interposing a responsive pleading.
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.
Rule 12 - Relief from Judgment or Order (a) Clerical mistakes and errors arising from oversight or omission in judgments, orders, or other parts of the record may be corrected by the court at any time of its own initiative or on the motion of any party and after any notice that the court orders.
It is well established that the defense of failure to state facts sufficient to constitute a cause of action may be set forth by way of motion, pursuant to Rule 12(b)(6). Such motion may be made in any permitted pleading or even upon the trial of the case.