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Federal Rules of Civil Procedure (FRCP) QUESTION #5672
Question 1
A plaintiff files a complaint and the defendant is served. The defendant files a Rule 12(b)(6) motion to dismiss, which the court denies. The defendant then files an answer 10 days later. Is the answer timely under Rule 12(a)(4)?
  • Yes, because the defendant has 21 days from the denial of the motion.
  • No, the defendant should have filed the answer within 14 days of the notice of the court's action.
  • Yes, the answer is timely because it was filed within 14 days of the notice of the court's action.✔️
  • No, the filing of a motion does not stay the time to answer.
Correct Answer Explanation
Rule 12(a)(4)(A) states that if the court denies a motion or postpones its disposition until trial, the responsive pleading must be served within 14 days after notice of the court's action.