FRCP 12(a)(4)(A) question Forum

[johansantana21]

Did you guys see Clermont's response on blackboard?

"The Rule says that these periods, i.e., the foregoing, periods can be extended, not the "following periods." Or at least there is a risk the Rule would be so read."

Clermont's saying that 14(a)(4) cannot extend the statute of limitations for the answer, because it has already been invoked once. Any period following the first time 12(a)(4) was invoked does not apply. Why you may ask? Because that's how shit rolls apparently.

This makes no logical sense to me but....

Fuck it, I'll get a B-.

[Ikki]

Did you guys see Clermont's response on blackboard?

"The Rule says that these periods, i.e., the foregoing, periods can be extended, not the "following periods." Or at least there is a risk the Rule would be so read."

Clermont's saying that 14(a)(4) cannot extend the statute of limitations for the answer, because it has already been invoked once. Any period following the first time 12(a)(4) was invoked does not apply. Why you may ask? Because that's how shit rolls apparently.

This makes no logical sense to me but....

Fuck it, I'll get a B-.

Bro, just make sure you go over your notes on that Vasios guy and the econ guy. That should help you out on the MC.

[johansantana21]

Did you guys see Clermont's response on blackboard?

"The Rule says that these periods, i.e., the foregoing, periods can be extended, not the "following periods." Or at least there is a risk the Rule would be so read."

Clermont's saying that 14(a)(4) cannot extend the statute of limitations for the answer, because it has already been invoked once. Any period following the first time 12(a)(4) was invoked does not apply. Why you may ask? Because that's how shit rolls apparently.

This makes no logical sense to me but....

Fuck it, I'll get a B-.

Bro, just make sure you go over your notes on that Vasios guy and the econ guy. That should help you out on the MC.

Were those the 2 guest speakers? I don't even have the notes on them...didn't take any.

[Ikki]

Did you guys see Clermont's response on blackboard?

"The Rule says that these periods, i.e., the foregoing, periods can be extended, not the "following periods." Or at least there is a risk the Rule would be so read."

Clermont's saying that 14(a)(4) cannot extend the statute of limitations for the answer, because it has already been invoked once. Any period following the first time 12(a)(4) was invoked does not apply. Why you may ask? Because that's how shit rolls apparently.

This makes no logical sense to me but....

Fuck it, I'll get a B-.

Bro, just make sure you go over your notes on that Vasios guy and the econ guy. That should help you out on the MC.

Were those the 2 guest speakers? I don't even have the notes on them...didn't take any.

I didn't take notes on the first guy, but class 11 has a short power point on him. The econ guy was just pretty much having an orgasm over Posner.

[johansantana21]

Oh I remember the Posner guy.

What did the first guy talk about?

Didn't he say something about testifying at trials as an expert? That's literally all I remember.

[Ikki]

Oh I remember the Posner guy.

What did the first guy talk about?

Didn't he say something about testifying at trials as an expert? That's literally all I remember.

Look at the power point, it's 5 slides long but he focused on discovery. I gotta get a hold of those notes though...

[johansantana21]

Oh I remember the Posner guy.

What did the first guy talk about?

Didn't he say something about testifying at trials as an expert? That's literally all I remember.

Look at the power point, it's 5 slides long but he focused on discovery. I gotta get a hold of those notes though...

Screw civpro man, Clermont makes it much more difficult than it needs to be.

Isn't the average on the multiple choice around 30%?

[Ikki]

Oh I remember the Posner guy.

What did the first guy talk about?

Didn't he say something about testifying at trials as an expert? That's literally all I remember.

Look at the power point, it's 5 slides long but he focused on discovery. I gotta get a hold of those notes though...

Screw civpro man, Clermont makes it much more difficult than it needs to be.

Isn't the average on the multiple choice around 30%?

Yeah, pretty much. I just gave up after his e-mail, how the fuck are we suppose to know that "these periods" means what he says they mean? And that's just one ambiguity that someone pointed out and Clermont found important enough to put on blackboard.

[johansantana21]

Oh I remember the Posner guy.

What did the first guy talk about?

Didn't he say something about testifying at trials as an expert? That's literally all I remember.

Look at the power point, it's 5 slides long but he focused on discovery. I gotta get a hold of those notes though...

Screw civpro man, Clermont makes it much more difficult than it needs to be.

Isn't the average on the multiple choice around 30%?

Yeah, pretty much. I just gave up after his e-mail, how the fuck are we suppose to know that "these periods" means what he says they mean? And that's just one ambiguity that someone pointed out and Clermont found important enough to put on blackboard.

He probably expected us to know it.

Haven't you read his syllabus?

Law is "essentially self taught".

[Ikki]

He probably expected us to know it.

Haven't you read his syllabus?

Law is "essentially self taught".

The man loves mocking us I suppose. It's 3:30am, I'm out.

[johansantana21]

He probably expected us to know it.

Haven't you read his syllabus?

Law is "essentially self taught".

The man loves mocking us I suppose. It's 3:30am, I'm out.

Good night

[Judge Philip Banks]

In case you were wondering, my professor thinks that the answer must be filed within 14 days of the denial of the 12(b)(6) motion (so day 88). Under 12(a)(4), serving a motion under the rule alters the timing such that a responsive pleading must be served within 14 days after notice of the court's denial of the 12(b)(6) motion under 12(a)(4)(A). I'm sure you know this, but if your professor is coming out with a different result, then just go with his interpretation.