RULE 11 WHEN TO FILE RESPONSIVE PLEADINGS Flashcards
Within what timeframe should the defendant file their answer to the complaint?
within thirty (30) calendar days after service of summons.
In the case of a defendant being a foreign private juridical entity and service of summons is made on the government official designated by law, how many calendar days are provided for filing an answer?
within sixty (60) calendar days after receipt of summons by such entity.
When must the defendant answer an amended complaint as a matter of right, and what is the time frame for answering when its filing is not a matter of right?
When the plaintiff files an amended complaint as a matter of right, the defendant shall answer the same within thirty (30) calendar days after being served with a copy thereof. If its filing is not a matter of right, the defendant shall answer the amended complaint within fifteen (15) calendar days from notice of the order admitting the same. An answer earlier filed may serve as the answer to the amended complaint if no new answer is filed.
Within how many calendar days must a defendant answer a counterclaim or cross-claim?
A counterclaim or cross-claim must be answered within twenty (20) calendar days from service.
What rule governs the time to answer a third (fourth, etc.)-party complaint?
same rule as the answer to the complaint.
When can a reply be filed, and what is the time frame for filing it?
within fifteen (15) calendar days from service of the pleading responded to if allowed under Section 10, Rule 6.
Within what time frame can a supplemental complaint be answered, and what happens if no new or supplemental answer is filed?
within twenty (20) calendar days from notice of the order admitting the same, The answer to the complaint shall serve as the answer to the supplemental complaint if no new or supplemental answer is filed.
What should a defending party do with a compulsory counterclaim or a cross-claim that they have at the time of filing their answer?
A compulsory counterclaim or a cross-claim that a defending party has at the time of filing their answer shall be contained therein.
When can a counterclaim or cross-claim that matured or was acquired after serving the pleading be presented, and what is required?
After serving their pleading may be presented by supplemental pleading before judgment with the permission of the court.
Under what circumstances can a pleader set up an omitted counterclaim or cross-claim, and how can it be done?
When a pleader fails to set up a counterclaim or a cross-claim through oversight, inadvertence, or excusable neglect, or when justice requires, he or she may, by leave of court, set up the counterclaim or cross-claim by amendment before judgment.
For what reasons may a defendant be granted an extension of time to file an answer, and how many times can they file a motion for extension?
A defendant may be granted an additional period of not more than thirty (30) calendar days to file an answer for meritorious reasons. A defendant is only allowed to file one (1) motion for extension of time to file an answer. A motion for extension to file any pleading, other than an answer, is prohibited and considered a mere scrap of paper.
The court, however, may allow any other pleading to be filed after the time fixed by these Rules.
