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Author Topic: A question about Court Process  (Read 762 times)

Savannah

  • Guest
A question about Court Process
« on: 10-15-07 at 05:44 pm »

I a pro se Plaintiff in a pending trademark suit in court. After the complaint was filed the defendant responded with a motion to dismiss. It was denied.

Under FRCP 12 (4) (A) the defendant has 10 days to file his answer. ( that time has lapsed) However, FRCP 6 states "When the period of time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation."

So does rule 6 apply to the time allowed for the answer to be filed? Or is it the 10 days as stated in Rule 12?  ???

Anxiously awaiting a response.

;)
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JSonnabend

  • Guest
Re: A question about Court Process
« Reply #1 on: 10-16-07 at 06:35 am »

Under the Fed Rules, 10 days is effectively two weeks because weekends and holidays are not counted.  Even if the deadline has passed, the Court will likely allow a somewhat late answer as a practical matter.

- Jeff
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