This form is a separate answer and defenses filed by one of several defendants in a personal injury action.
Utah Separate Answer and Defenses to Amended Complaint
State:
Multi-State
Control #:
US-PI-0189
Format:
Word;
Rich Text
Instant download
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FAQ
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 ...
(a)(3) Any required response to an amended pleading must be filed within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later.
Rule 12(b)(6), permitting a motion to dismiss for failure of the complaint to state a claim on which relief can be granted, is substantially the same as the old demurrer for failure of a pleading to state a cause of action.
There are, however, key differences between a Rule 12(b)(6) and a Rule 12(c) motion. First, Rule 12(c) permits any party to file the motion. While a motion under Rule 12(b)(6) is brought by a party against whom a claim is asserted, a motion under Rule 12(c) may be brought by any party.
In order to survive a Rule 12(b)(6) motion, a plaintiff must provide the grounds of his entitlement to relief. This requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. Bell Atl. Corp.
(B) Limits on expert discovery. A report must be signed by the expert and must contain a complete statement of all opinions the expert will offer at trial and the basis and reasons for them. Such an expert may not testify in a party's case-in-chief concerning any matter not fairly disclosed in the report.
A party may obtain a stay of the enforcement of a judgment or order to pay money by providing a bond or other security, unless a stay is otherwise prohibited by law or these rules.
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.