Q: Hi there! Question: if there is an outstanding motion for default for filing an untimely answer, can the complaint amend
A court issued an order denying motion to dismiss and did not dismiss 2 counts, legal malpractice and tortious interference w/ co. They filed answer 3 days late. I filed motion for default. The court allowed me to freely amend. And did not prescribe time for either party to respond or amend. So the law is the time to respond is 10 days if the action is in response to a court order. And since the order did not prescribe time to defendant to file responsive pleading the law allows for 10 days to file. They filed 3 days late. I filed motion for default. A hearing is set for July. Can I add counts and amend before the hearing on default? Thank you
A: If the defendant doesn't file an answer in a timely manner, a motion for default can be filed, but generally, an answer can be filed any time before default is entered. If you move to amend, you can't expect a default until the time to answer the again-amended complaint again runs.
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