Pleadings & Orders (Part V) Flashcards
In Circuit Court, an Answer generally must be filed within
21 days after service of process or entry of order overruling Defendant’s responsive pleading.
In General District Court, an Answer
is generally not required to be filed by the Defendant.
A demurrer is a responsive pleading filed by a party in order to
dismiss a case on the grounds that an aggressive pleading is legally insufficient on its face.
[Functionally the state equivalent of a FRCP Rule 12(b)(6) motion]
A motion to strike a pleading challenges the
sufficiency of a responsive pleading.
A motion for a bill of particulars seeks a court order compelling a party to
elaborate any pleading that does not provide adequate notice of a claim or defense.
A motion to object to venue in Circuit Court must be made within
21 days after service of process.
A motion to object to venue in General District Court must be filed with or received by the court on or before
the day of trial.
A motion to dismiss for lack of subject matter jurisdiction may be raised
at any time during the litigation or on appeal.
A Defendant waives any objection to personal jurisdiction or defective process if
the Defendant engages in conduct related to adjudicating the merits of the case.
A motion craving oyer seeks a court order compelling the Plaintiff to
produce an essential document which is mentioned in, but not attached to, the Plaintiff’s complaint.
If a pleading, motion, or affirmative defense sets up a new matter and requests a reply, then
the adverse party must reply admitting or denying the new matter within 21 days.
A party may not amend a filed pleading without leave of court, however the court should
liberally grant leave to amend.
Lis pendens is a general notice that
a suit affecting title to land is presently pending.
