Q: Timelines - federal case
Motion to dismiss can be filed by defendant before scheduling order is issued. In such case how due dates for plaintiff to oppose motion to dismiss complaint are defined?
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A:
In a federal case, when a defendant files a motion to dismiss before a scheduling order is issued, the timeline for the plaintiff to oppose this motion is generally governed by the Federal Rules of Civil Procedure. Specifically, Rule 12 of the Federal Rules of Civil Procedure outlines the procedures for motions to dismiss.
Typically, the plaintiff will have 14 days from the date of service of the motion to file an opposition. This deadline is set to ensure that both parties have a fair opportunity to present their arguments to the court.
However, it's important to check the local rules of the specific federal court handling the case, as these can sometimes provide variations to the general rules. Local rules can set different deadlines or specific requirements for filing responses to motions.
If additional time is needed to prepare a response, the plaintiff can file a motion for an extension of time, explaining the reasons for the requested delay. The court will then decide whether to grant the extension based on the circumstances presented.
It's also advisable to consult with a legal professional familiar with federal court procedures to ensure compliance with all relevant rules and timelines. This can help in effectively responding to the motion and protecting your client's interests.
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