Legal Question in Civil Litigation in District of Columbia

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?

Asked on 8/25/11, 7:31 am

1 Answer from Attorneys

Paula McGill Paula McGill Attorney at Law

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.


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Answered on 8/26/11, 7:53 pm

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