LAW 607 Lecture Notes - Lecture 36: Crossclaim, Default Rule, Counterclaim

• School: University of Illinois
• Department: Law
• Course: LAW 607
• Professor: V Winship

Document Summary

The answer: regardless of whether defendant files a pre-answer motion, defendant must also respond to the complaint by filing an answer (unless, of course, the court grants defendant"s motion to dismiss). Unlike a motion, the answer must deal with all plaintiff"s allegations. However, to simplify matters, the following discussion is phrased only in terms of defendant"s answer. All references to the defendant and to the answer should be read to apply equally to answers filed by these other parties. P. 12(a) requires defendant to file an answer within a certain time period. 12(a)(1)(a)(i): effect of waiver of service: however, a defendant who agrees to plaintiff"s request to waive service has more time to respond. If the request was sent to defendant in the united states, a defendant who waives service has 60 days following the date the request was sent to answer. Page 1 of 6 days if the request was sent to defendant outside the united states.