Defenses and objections Flashcards
When must a party member respond to a counterclaim or crossclaim?
Within 21 days after receiving the counter/crossclaim
When must a reply be served?
21 days
When must the US, it’s agencies, officers or employees sued in an OFFICIAL capacity serve an answer to a complaint, cross/counterclaim?
60 days after service on the US attorney
When must the US, it’s agencies, officers or employees, sued in an individual capacity for an act connected w/ duties performed on behalf of the US, serve an answer to a complaint, cross/counterclaim?
60 days after service
If the court denies/postpones the motion or grants a motion for a more definite statement, when must the response pleading be served?
Within 14 days after notice of the court’s action
What defenses may a party assert?
A) lack of subject matter jurisdiction B) lack of personal jurisdiction C) improper venue D) insufficient process E) failure to state a claim upon which relief can be granted F) failure to join a party under rule 19
Requirements for a motion asserting defenses:
- Must be made before pleading is a responsive pleading is allowed
- If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim
- No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion
Rule 12
When must a D serve an answer?
Within 21 days after being served with summons and complaint or if it is timely waived service, within 60 day or 90 for a D outside US judicial district
What pleadings are allowed?
1) a complaint
2) an answer to a complaint
3) an answer to a counterclaim designated as a counterclaim
4) an answer to a crossclaim
5) a third-party complaint
6) an answer to third-party complaint
7) if a court orders one, a reply to an answer
