Q: Extension of Time to Reply to Complaint
Hi. I filed a civil complaint in NY Kings County Supreme Court. The defense attorney requested a 60 day extension of time to reply to the complaint. The complaint and summons were properly served and they have 20 days to reply. No RJI has been filed and no judge has been appointed to the case. No request for judicial intervention has been filed and no judge has been appointed to the case. Am I required to accept their request or is it my right to decline and demand their reply within the 20 days as required?
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A: You can decline, but it is very common and part of normal courtesy to give one adjournment. If you want you can get something in return like asking them to "waive any jurisdictional defenses," that's usually what I do when I'm in a situation like the one you described. I'm happy to assist further if you want, just send me a private email.
A: You can decline but it is customary to give an extension, and the court will give one if you do not.
A: You can object to the extension stating your reasons, and the judge will decide. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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