When a client of yours has been sued, you might feel the need to immediately respond to the complaint with an answer. However, strategy plays a role in determining the first pleading or motion filed by a defendant. This week, you read about the following motions and notices:
- Motion to Enlarge Time to Respond
- Motion to Dismiss
- Motion for Judgment on the Pleadings
- Notice of Removal
Using your home state rules, explain the deadline to file each of these motions or notices. How many days after the Defendant is served do you have to file each? Are they filed before or after an Answer is filed? Why would you choose to file one motion over another?
My state is Florida.