The following form adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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Unless otherwise ordered, a response and any opposing memorandum must be filed within eleven (11) days of service of any motion, except a motion for an extension of time. A memorandum opposing a motion for an extension of time must be filed within five (5) days of service of the motion.
Findings of fact, whether based on oral or other evidence, must not be set aside unless clearly erroneous, and the reviewing court must give due regard to the trial court's opportunity to judge the witnesses' credibility.
Rule 12 - Pleadings and motions before trial; defenses and objections (a)Pleadings and motions. - Pleadings in criminal proceedings shall be the indictment and information, and the pleas of not guilty, guilty and nolo contendere.
- Unless a different period is set by these rules or by the court, any response to a written motion, including any supporting brief or affidavits, shall be served as follows: (A) at least 4 days before the time set for the hearing, if served by mail, or (B) at least 2 days before the time set for the hearing, if served ...
- Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served upon the party by mail, 3 days shall be added to the prescribed period.
- On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) Mistake, inadvertence, surprise, excusable neglect, or unavoidable cause; (2) newly discovered evidence which by due diligence could not ...
A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 10 days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders.
Under the statute, a party who files a motion to quash is not considered to have made a general appearance, and no default may be entered before expiration of the time to plead. CCP §418.10(d). On what constitutes a general appearance, see chap 6.
