Friday, January 11, 2008

ers will almost always do this out of professional courtesy; people acting pro se might not).

Filing the motion When a plaintiff starts a civil action, they send a complaint (often in the form of a summons) to the defendant. After the defendant receives this complaint, they have twenty days to answer. In most cases, the defendant can request more time for their answer, and the plaintiff will oblige (lawyers will almost always do this out of professional courtesy; people acting pro se might not). The defendant can answer the complaint by responding with their own version of the facts, or they can file a motion to dismiss the complaint altogether. (There are a few other rarely-used motions that can be introduced in lieu of an answer to the complaint, including the motion to strike and motion for more definite statement.)

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