A responsive pleading is one that responds to what another party has filed. An answer responds to a complaint. An opposition to a motion to dismiss responds to a motion to dismiss. An affidavit and reply must be filed to a motion to dismiss a case.
Asked in Civil Process, Torts, Plural Nouns, Lawyers
Is a Motion to Dismiss a responsive pleading?
No, a motion to dismiss is not a responsive pleading. Under the federal rules, the determination of "what's a pleading" is covered by Fed. Rule of Civil Procedure 7(a). If it isn't listed in Fed. R. Civ. Pro. 7(a), it is not a "pleading" technically. A motion to dismiss is likely under Fed. Rule 12(b), and while a Motion to Dismiss can sometimes be used prior to an answer, it technically does not enlarge the time in which to answer a...
Asked in Civil Process
Is a motion for summary judgment a responsive pleading?
Yes... but not technically. In almost all states (MO. partial exception) a motion for summary judgment qualifies as a 'defense' and therefore satisfies the function of a responsive pleading. A timely motion for summary judgment will for example supercede a motion for default judgment. ...
Asked in Divorce and Marriage Law, Civil Process
What is a motion for leave to file responsive pleadings out of rule?
It is a document (pleading) submitted to the Court asking for the court to allow a delayed or secondary response to what was filed by the opposing party (thus requiring a responsive pleading) out of rule of law. Check your State Statutes for details on the provisions and governing laws of your state. ...
Asked in Law & Legal Issues, Civil Cases, DIY Projects
How do you file a responsive pleading pursuant to Chapter 517 RSMo if you are the defendant and without a lawyer?
A responsive pleading is an answer, where you respond to each allegation made in the petition or complaint. You would also then assert any affirmative defenses or counterclaims. Start by researching the law under which you are being sued. If you are unable to properly draft it by yourself, you should speak with a lawyer. ...
Asked in Court Procedure, Criminal Law
After pleading no contest can you change your plea to guilty?
pleading no contest is the same as pleading guilty
Asked in Custody, Civil Process, Lawyers
What is the timeframe to serve a responsive pleading?
Exact time varies from state to state but in all cases, such timelines move quickly. Contact the court where your case is being heard or an attorney for more specific information. ...
Will pleading guilty to reckless driving lower the cost of the ticket?
no pleading no contest would your best bet
Asked in Authors, Poets, and Playwrights
What has the author Edson Read Sunderland written?
Edson Read Sunderland has written: 'Cases on procedure, annotated' -- subject(s): Accessible book, Cases, Code pleading, Pleading 'Cases and materials on code pleading' -- subject(s): Cases, Civil procedure, Code pleading, Court rules, Equity pleading and procedure 'Judicial administration' -- subject(s): Administration of Justice, Courts, Jurisdiction ...
Asked in Civil Process, Labor and Employment Law
What is an example of a pleading?
A pleading is defined as "Written statements of the parties in a civil case of their positions. In the (US federal courts), the principal pleadings are the complaint and the answer. The claim, answer, counterclaim, and/or third-party claim filed in an action. In plain English, a 'pleading' is the entire sum total of the body of the case. Instead of calling it "the case" it is referred to as the "pleading." ...