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No, because "for the purposes of Rule 15(a), a Rule 12(b)(6) motion to dismiss is not a responsive pleading and thus does not itself terminate plaintiff's unconditional right to amend a complaint under Rule 15(a)." Op.

A motion is a written request made to the court, asking the judge to issue an order.Other parties have the chance to file and serve a written response to the motion. There is a specific deadline for filing and serving a written response, usually fourteen (14) days prior to a hearing.

If one party to a case has filed a motion with the court, the other side can file an opposition. An opposition is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion.

A motion is a request asking a judge to issue a ruling or order on a legal matter. An opposing motion is a motion made seeking to have the request made in the opposing party's prior motion denied.

Originally Answered: How long does it take a judge to rule on a motion to dismiss? In California a state court judge must rule on such a motion within 90 days of when the motion is submitted. A motion is submitted when all hearings are done and all briefing ordered by the court is on file.

Fill out the forms. You have to fill out at least 2 forms, maybe more, to file your opposition. File the forms. Turn in your completed forms by mail or efiling. Serve the other party. Get ready for the hearing. Prepare an order.

Overview. If one party to a case has filed a motion with the court, the other side can file an opposition. An opposition is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. It is your opportunity to oppose the other side's request.

After you complete your motion, you must file it with the court.You must then serve (mail) a copy of your filed motion (including all exhibits and the date, time, and place of hearing) to all other parties in the case. If a party is represented by an attorney, mail the motion directly to the attorney's office.

You have only 14 days to respond to a regular motion. The time to respond runs from the date the motion was filed. Check the certificate of service, which should be included with the Motion papers. If you need to respond to an Administrative Motion, you have only 4 days.

Montana Response to Plaintiff's Rule 60(a) Motion

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Is a motion a responsive pleading?

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How long does it take for a judge to respond to a motion?

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