Defense Motions

Question 1

A motion to dismiss

Answer 1

1Can be used to raise of lack of SMJ, PJ, Or venue.

2) It may also be used for failure to state a claim upon which relief can be granted

3) Failure to join a necessary party

4) Forum non conveniens

Question 2

A motion for judgement on the pleadings

Answer 2

Applies when the pleadings entirely agree on the facts and only the law is in dispute

Question 3

A motion for a more definite statement

Answer 3

Asks that a pleading be more specific , judges usually disfavor this motion

Question 4

A motion to strike

Answer 4

Can be used to delete scandalous or prejudicial matters that are not relevant to the case from a pleading. It can also be used by plaintiffs to strike a legally invalid defense.

Question 5

Generally, an answer must be filed within

Answer 5

21 days of service of process

Question 6

If a Defendant waives service of process he has

Answer 6

60 days to respond (90 if out of state)

Question 7

If D files a motion to dismiss that is denied, the answer is due

Answer 7

14 days after notice of the courts actions.

Question 8

The failure to respond to a complaint constitutes an admission and

Answer 8

Unless cured by amendment is binding

Question 9

Affirmative defenses are

Answer 9

defenses in which fairness requires notice (assumption of risk, SOL, Contributory negligence, Fraud)

Question 10

The rule governing Answers applies to

Answer 10

A plaintiff’s reply