How long does a judge have to rule on a motion in Florida?

Once a court holds a hearing on a motion, the court has thirty (30) days to rule of the motion.

Can a plaintiff respond to a counterclaim?

If a defendant does raise counterclaims in her answer, the plaintiff must respond to those counterclaims with a pleading called an “answer to a counterclaim.” The form and content of an “answer to a counterclaim” is similar to that of an answer.

How long do you have to respond to a motion in Florida state court?

(A) Time to file. Any party may file a response to a motion; Rule 27(a)(2) governs its contents. The response must be filed within 10 days after service of the motion unless the court shortens or extends the time.

Do judges read cases?

The judge will ask for copies of the cited supporting cases (from counsel or his clerk) if there seems to be advantage to reading the entire supporting case. Most judges have heavy dockets and don’t have time to read everything before a hearing. So they rely on the written, oral and the laws that they swore to uphold.

How long do you have to answer a motion?

The opposition has 15 days to file a response to this motion in some cases, per the California Rules of Court. For example, the prosecution can wait 15 days if the motion to dismiss is made because of a delay.

How long do you have to respond to discovery in Georgia?

thirty days
According to O.C.G.A §§§ 9-11-33(a)(2), 9-11-34(b)(2), and 9-11-36(a)(2) respectively, you have thirty days from the date on the Certificate of Service to respond to your spouse’s discovery requests.

Should I file a rule 12(b)(6) motion for dismissal?

Yet, the potential upside of filing a Rule 12 (b) (6) motion – dismissal – is very appealing. The court may dismiss several causes of action and maybe even the entire case.

When to file a motion to dismiss for failure to state?

Particular circumstances may justify the filing of a motion to dismiss a plaintiff’s complaint for failure to state a claim under Rule 12 (b) (6). Typically, this motion is filed at the beginning of the case and in lieu of filing an answer to the complaint, and can be a good strategical move to get the judge involved early on.

How long do you have to respond to a rule 12 motion?

B. Effect of a Rule 12 Motion – Absent a court order setting a different time, a Rule 12 motion extends the time to file a responsive pleading until 14 days after the court’s denial of the motion or deferral to trial or, if more definite statement ordered, 14 days after service of the more definite statement.

When is a rule 12(b)(6) motion based on claim preclusion?

Fowler v. UPMC Shadyside, 578 F.3d 203, 2011 (3d Cir. 2009) (quoting Iqbal, 129 S.Ct. at 1949). A Rule 12 (b) (6) motion may be based on the res judicata (also known as the doctrine of claim preclusion that bars re-litigating claims previously decided in an earlier action) if the defense is apparent on the face of the complaint.