Themis Essay 5511

Question 1

In the Circuit Court, a responsive pleading is required to be filed within

Answer 1

21 days of service on the defendant, unless the judge grants additional time.

Question 2

A judge has the discretion to grant more time or to permit a party to

Answer 2

file a pleading after the period for filing has expired.

Question 3

In evaluating a judge’s exercise of discretion to grant a party more time to file a pleading, an appellate court applies

Answer 3

an abuse-of-discretion standard.

Question 4

Among the factors that a judge should consider in ruling on a party’s motion for leave to file a late pleading are:

Answer 4

(i) the length and reason for the delay;
(ii) whether the non-filing party acted in good faith;
(iii) whether a substantial basis exists for the pleading itself; and
(iv) the existence of prejudice to the other party if the filing is permitted.

Question 5

In a circuit court proceeding, a defendant against whom a default judgment has been entered may not

Answer 5

contest issues regarding liability at trial.

Question 6

A defendant in default may object to evidence presented by the plaintiff regarding

Answer 6

damages, as well as present the defendant’s own evidence on the damages issue.