Rule 12: Responding to Complaint

Question 1

Answer

Answer 1

D admits or denies P’s allegations and lists defense he may have. Each allegation should be specifically admitted or denied. If failure to deny, it is deemed admitted.

Question 2

Defenses

Answer 2

Waiver: If defense not included in answer, then generally forfeited ( except: failure to state a claim upon which relief can be granted, failure to join necessary party, and lack of SMJ. )
Motion for more definite statement: Court will order pleading to be clarified if so vague that responding party cannot reasonably prepare a response
Motion to strike: court can on own or motion order material stricken if complain/answer contains redundant, immaterial, or scandalous stuff
Motion to Dismiss: seeks dismissal, can be filed by any defending party

Question 3

Timing of responses

Answer 3

Initial answer: If D was actually served with process then 21 days to respond
If service of process was waived then 60 days to respond
If D responds with one of above motions and it is denied, D must file answer within 14 days of denial