You are also notified that you must appear and defend by filing your Answer or other responsive pleading
within thirty (30) days of the date of the first publication ol this Warning Order; and in the event of your failure to do so, judgment by default wilt be entered against you for the relief demanded in the Petition for Declaratory Judgment as circumscribed by the laws ol the State of Arkansas.
Just like a defendant can argue that a plaintiff fails to state a cause of action in an initial motion to dismiss or responsive pleading
, (32) a plaintiff may argue that an affirmative defense fails to state a legally cognizable defense.
This proposed amendment is intended to provide more certainty as to when a responsive pleading
The State Has Not Yet Filed A Response To The Petition, Having Obtained An Extension Of Time To October 23, 2015 To File A Responsive Pleading
In Order To Engage Special Legal Counsel.
Before responding to a pleading, a party may move for a more definite statement or for a bill of particulars of any matter which is not averred with sufficient definiteness or particularity to enable him properly to prepare his responsive pleading
Sudan failed to serve an answer or other responsive pleading
within sixty days after plaintiffs' service, and the Clerk of Court entered a default against Sudan.
If the Honorable Court takes longer to decide on the petition, the subject matter thereof would have become moot and academic without the respondent (DMCI) even having to file a responsive pleading
or anything at all," it added.
granted the defendant 2024 Second Avenue LLC's motion to vacate the default judgment entered against the defendant because the defendant's insurance agent or broker delayed forwarding the summons and complaint to the insurer for so long that a responsive pleading
was not timely filed and default was entered.
ONCE A RESPONSIVE PLEADING
HAS BEEN SERVED, A PARTY MAY AMEND A PLEADING ONLY UPON WRITTEN CONSENT FROM THE OPPOSING PARTY OR LEAVE OF THE COURT.
Textual, policy, and practical considerations all support applying the plausibility standard to a defendant's responsive pleading
68) It is possible for a complaint to be sufficient for the purpose of framing a responsive pleading
and yet fail to state a claim upon which relief can be granted.
This motion, typically filed before a defendant's first responsive pleading
, amounts to an assertion by the defendant that even if all the facts alleged by the plaintiff are true, those facts would nevertheless not subject the defendant to legal liability.