This form is a sample of a defendant's answer and defenses to the plaintiff's amended complaint.
Ohio Answer and Defenses to Amended Complaint
State:
Multi-State
Control #:
US-PI-0188
Format:
Word;
Rich Text
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FAQ
In order to survive a Rule 12(b)(6) motion, a plaintiff must provide the grounds of his entitlement to relief. This requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.
FRCP Rule 12(b) pertains to pretrial motions, and 12(b)(6) specifically deals with motions to dismiss for failure to state a claim upon which relief can be granted. As a practical matter, Rule 12(b)(6) motions are rarely successful, and when they are, their success usually has more to do with the judge than the law.
Unless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within fourteen days after service of the amended pleading, whichever is later.
The defendant shall answer the amendments, or the complaint as amended, within 30 days after service thereof, or such other time as the court may direct, and judgment by default may be entered upon failure to answer, as in other cases.
Failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) is a 'judgment on the merits. '?). For this reason, a dismissal for failure to state a claim arguably should not be referred to as a dismissal at all, but rather should be called a motion for judgment on the complaint.
R. 37(F) provides factors for judges to consider when a party seeks sanctions against an opponent who has lost potentially relevant electronically stored information. This rule does not attempt to address the larger question of when the duty to preserve electronically stored information is triggered.
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.
Rule 12(b)(6), permitting a motion to dismiss for failure of the complaint to state a claim on which relief can be granted, is substantially the same as the old demurrer for failure of a pleading to state a cause of action.