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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?

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

Will do.

well done.

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?

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