Plaintiff Fails to File Reply - Can Case Be Dismissed: I rec'd a Summons and Complaint for Breach of Contract from former attorney and replied within 30 days per state law. I rec'd a Reply in the mail from the attorney within 20 days, but when I asked the Court Clerk, they insist the Reply has not been filed. What do I do? Make Motion to Dismiss? Wait for Court to notice?
1 Answer from Attorneys
Unless you served a counterclaim in your answer, there was no need for the plaintiff to serve a reply, because it is not a necessary pleading. There is nothing you can do based on his failure to file it, as long as it was served on you in a timely manner. He can still file it so long as it was timely served.