Civ Pro question about timing and rule 12 Forum
-
- Posts: 12
- Joined: Fri Nov 12, 2010 1:07 pm
Civ Pro question about timing and rule 12
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.
-
- Posts: 861
- Joined: Fri Sep 30, 2011 10:56 am
Re: A question about timing and rule 12
You might want to clarify in the title that this is a Civ Pro/FRCP question.
-
- Posts: 12
- Joined: Fri Nov 12, 2010 1:07 pm
-
- Posts: 861
- Joined: Fri Sep 30, 2011 10:56 am
-
- Posts: 861
- Joined: Fri Sep 30, 2011 10:56 am
Re: Civ Pro question about timing and rule 12
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?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?
- ephemeral.bete.noire
- Posts: 51
- Joined: Thu Mar 17, 2011 11:18 pm
Re: Civ Pro question about timing and rule 12
Rule 12 (d) all parties are given reasonable time to present pertinent information.
Want to continue reading?
Register now to search topics and post comments!
Absolutely FREE!
Already a member? Login