If a defendant has 20 days to answer a complaint and the defendant files a 12 (b) (6) motion (but not an answer) on the 21st day, is the defendant in default?
1 Answer from Attorneys
You left out an important facts. Was the 20th day a holiday or Saturday or Sunday. If so, the defendant would be entitled to file on the next business day. Also, are you counting the day he was served as a day. If so, you are mistaken. Therefore, the best thing to do is the read the cour rules. If he failed to file on time, simply file a motion for default judgment. However, don't forget to respond to the motion to dismiss.
1425 K Street, NW
Washington, DC 20005
Related Questions & Answers
How does one go about getting a lien put on a civil case? Asked 4/02/10, 1:02 pm in United States District of Columbia General Civil Litigation