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Federal Rules of Civil Procedure (FRCP) QUESTION #5662
Question 1
A plaintiff files a complaint in federal court. The defendant, located in the same state, is served with the summons and complaint. The defendant fails to file an answer within 21 days. However, before the plaintiff moves for default, the defendant files a motion for a more definite statement under Rule 12(e). Is this motion timely?
  • No, because the 21-day period for responding to the complaint has already expired.
  • Yes, because a Rule 12(e) motion can be made at any time before the trial begins.
  • No, because the defendant failed to raise this in a pre-answer motion within the 21-day window.
  • Yes, if the court finds the delay was due to excusable neglect and grants an extension of time under Rule 6(b).✔️
Correct Answer Explanation
Rule 12(a)(1)(A)(i) requires an answer within 21 days. If the time has expired, the party must seek an extension under Rule 6(b)(1)(B) based on excusable neglect. A Rule 12(e) motion must be made before filing a responsive pleading.