Reply and Amendments

Question 1

after the complaint

Answer 1

1. Default
2. Pre-Answer Motion
3. Answer
4. Reply to a counter-claim
5. Amendments

Question 2

4. Reply (aka Answer to Counterclaim)

Answer 2

Not necessary in response to affirmative defenses
Only necessary in response to a counterclaim denominated as such
Some plaintiffs will reply when it is questionable whether an affirmative defense should be a counterclaim, to be safe
Compare “cross-claim” to “counterclaim”

Question 3

Rule 15: Amended and Supplemental Pleadings

Answer 3

Amendments Before Trial.
(1) Amending as a matter of course. A party may amend its pleading once as a matter of course within:
(A) 21 days after serving it, or
(B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.

Question 4

numbers 2 and 3 of amendments before trial

Answer 4

(2) Other Amendments. In all other cases, a party may amend its pleading only with the opposing party’s written consent OR the court’s leave. The court should freely give leave when justice so requires.
(3) Time to Respond. Unless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading OR within 14 days after service of the amended pleading, whichever is later.

Question 5

Note Rule 6: Computing Time

Answer 5

When a period is stated in days or a longer unit of time:
Exclude the day of the event that triggers the period;
Count every day, including intermediate Saturdays, Sundays, and legal holidays; and
Include the last day of the period, but if the last day is a Saturday, Sunday or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday or legal holiday.