Civ Pro question about timing and rule 12

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lajksdgbiu
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Joined: Fri Nov 12, 2010 1:07 pm

Civ Pro question about timing and rule 12

Postby lajksdgbiu » Sat Oct 01, 2011 10:20 pm

What happens timing-wise once a motion under 12(b) is served? I know that the clock stops with regards to the defendant, and starts again when they gain notice of the ct's decision on the motion. But what happens in the mean time? Where is the information guiding the plaintiff as to when/how they are supposed to respond to that motion?
Last edited by lajksdgbiu on Sat Oct 01, 2011 10:59 pm, edited 1 time in total.

Void
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Re: A question about timing and rule 12

Postby Void » Sat Oct 01, 2011 10:37 pm

You might want to clarify in the title that this is a Civ Pro/FRCP question.

lajksdgbiu
Posts: 12
Joined: Fri Nov 12, 2010 1:07 pm

Re: A question about timing and rule 12

Postby lajksdgbiu » Sat Oct 01, 2011 10:58 pm

Will do.

Void
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Re: Civ Pro question about timing and rule 12

Postby Void » Sat Oct 01, 2011 11:07 pm

well done.

Void
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Re: Civ Pro question about timing and rule 12

Postby Void » Sat Oct 01, 2011 11:15 pm

lajksdgbiu wrote:What happens timing-wise once a motion under 12(b) is served? I know that the clock stops with regards to the defendant, and starts again when they gain notice of the ct's decision on the motion. But what happens in the mean time? Where is the information guiding the plaintiff as to when/how they are supposed to respond to that motion?


Plaintiff files a response to the motion, which includes an argument against the argument made in support of the motion to dismiss. Then, there might be a motion hearing where both sides get to make an oral argument in support of their respective motions. The judge either makes a decision then, or sometimes reserves judgment on the motion until later. Specific timing depends upon when in the course of trial the rule 12 motion is brought (answer/motion). Does that answer your question?

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ephemeral.bete.noire
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Re: Civ Pro question about timing and rule 12

Postby ephemeral.bete.noire » Sun Oct 02, 2011 12:22 am

Rule 12 (d) all parties are given reasonable time to present pertinent information.




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