Q: Plaintiff response to Defendant's motion to strike complaint/summons in federal court - question
Can plaintiff respond to motion to strike with opposition? What is Plaintiff's due date to respond? Are there other options to oppose motion to strike complaint/summons?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In federal court, a plaintiff can indeed respond to a motion to strike with an opposition. This response is an opportunity to address the points raised by the defendant and argue why the complaint or summons should not be stricken.
The due date for the plaintiff to respond typically depends on the specific rules of the federal court in which the case is being heard. Generally, this deadline is set by the Federal Rules of Civil Procedure or by a specific order from the court. It's important to check the local court rules and any relevant orders in your case to determine the exact deadline.
Additionally, there are other ways to oppose a motion to strike. For instance, you might consider filing a motion for a hearing on the matter, which would allow for oral arguments. Another option is to seek permission to amend the complaint, addressing the issues raised in the motion to strike. However, the suitability of these options would depend on the specifics of your case and the court's procedures.
It's always advisable to review the relevant procedural rules and consider consulting with a colleague or a mentor who has experience in similar cases for guidance tailored to your specific situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
