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Summary. Rule 12(f) allows courts to strike redundant, immaterial, impertinent, or scandalous matter from pleadings. Judge Hollander's opinion in Blevins v. Piatt.
The plaintiff shall serve his reply to a counterclaim in the answer within twenty-eight days after service of the answer or, if a reply is ordered by the court, within twenty-eight days after service of the order, unless the order otherwise directs.
B) Motions to dismiss under Rule 12(b)(6) are adjudications on the merits, and therefore should be granted with caution. 1. Summary judgment motions ask the court to examine the record and determine whether any material questions exist for a jury to decide.
Counterclaim. The defendant may file a counterclaim, which asserts that the plaintiff has injured the defendant in some way, and should pay damages. ("You're suing me? Well then, I'm suing you.") It may be filed separately or as part of the answer.
Rule 12 - Pleadings and Motions Before Trial: Defenses and Objections (A) Pleadings and motions. Pleadings in criminal proceedings shall be the complaint, and the indictment or information, and the pleas of not guilty, not guilty by reason of insanity, guilty, and no contest.
There are four defenses that may be waived if not made by a Rule 12 motion: Lack of Personal Jurisdiction (Rule 12(b)(2)); Improper Venue (Rule 12(b)(3)); Insufficiency of Process (Rule 12(b)(4)); and Insufficiency of Service of Process (Rule 12(b)(5).)
Rule 7 - Pleadings and Motions (A) Pleadings. There shall be a complaint and an answer; a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party complaint, if a person who was not an original party is summoned under the provisions of Civ.
(2) All cases submitted for determination after a court trial shall be decided within ni nety days from the date the case was subm i tted. (3) All motions shall be ruled upon within one hundred twenty days from the date the moti on was filed, except as otherwi se noted on the report forms.