Monday, September 28, 2009


Timetable for Various Pleadings

Once the plaintiff commences an action by filing a complaint, certain timetables for various forms of pleading kick in.

1. Complaint

Filing of the complaint will normally occur before it is served upon the defendant. However, service of the summons and complaint must be made within 120 days after the initial filing.

2. Answer and Rule 12 motions

The answer must be served within 20 days after service of the complaint. However, if the defendant chooses to file a Rule 12 motion and the court denies his motion, he will have an additional 10 days after the court has denied the motion in which to file his answer.

3. Reply to Counterclaim

If the answer contains a counterclaim then the plaintiff must serve his reply within 20 days after service of the answer.

Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have questions or need specific advice relating to the matters contained herein, please contact Lovaas & Lehtinen, P.C.

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