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Typically, a defendant will respond to a complaint one of two ways: by filing a motion to dismiss or an answer, sometimes including affirmative defenses, counter-claims, cross-claims and/or third party claims as part of the answer.
Rule 12(b) (6) permits the dismissal of a case "for failure of the pleading to state a claim upon which relief can be granted." Rule 8(a) sets out what a complaint must contain in order to state a claim for relief: "A pleading which sets forth a claim for relief * * * shall contain (1) a short and plain statement of ...
Time to Respond The summons will say how many days the defendant has to respond. In most cases, if the defendant is served in Utah, they must file their answer within 21 calendar days after the date of service. If the defendant is served outside Utah, they must file an answer within 30 calendar days after service.
(5) Limits on standard fact discovery. TierAmount of DamagesTotal Fact Deposition Hours1$50,000 or less32More than $50,000 and less than $300,000 or non-monetary relief153$300,00 or more304Domestic relations actions4
On a separate page or pages, write a short and plain statement of the answer to the allegations in the complaint. Number the paragraphs. The answer should correspond to each paragraph in the complaint, with paragraph 1 of the answer corresponding to paragraph 1 of the complaint, etc.
A: Anyone (?Plaintiff?) can use Small Claims Court to sue another person or company (?Defendant?) for any reason as long as the claim is for $11,000 or less. A Small Claims Court judgment must be an amount of money; the judgment cannot order the Defendant to do something such as return personal property.
Rule 26(d). If a party fails to disclose or to supplement timely its discovery responses, that party cannot use the undisclosed witness, document, or material at any hearing or trial, absent proof that non-disclosure was harmless or justified by good cause.
Initial disclosures must be based on the information the parties know or learn after looking into the facts of the case. A party must provide disclosures even if the other party does not. Once the information is disclosed, the parties have a continuing duty to update the information.