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Daniel Solutions
Daniel Solutions, Lawyer (JD)
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Experience:  Practing General Attorney,
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Does FRCP Rule 5 a 2 (No service is required on a party in

Resolved Question:

Does FRCP Rule 5 a 2 (No service is required on a party in Default for failing to appear...) apply to a Defendant who has failed to answer, plead, or otherwise defend to a Court Ordered More Definite Statement within 14 days pursuant to FRCP 12 e in the U.S. District Courts?
Submitted: 3 years ago.
Category: Legal
Expert:  Daniel Solutions replied 3 years ago.
Hello,
Thank you for allowing us to assist you with this problem.

Yes Federal Rules of Civil Procedure 5 (a)(2) would apply so long as he was properly served with a copy of the complaint putting him on notice that there is a court action pending. A Motion for a More Definite Statement is motion what would be included but only prior to any responsive pleading if there are any ever made.
Customer: replied 3 years ago.
Are you referring to the Original filing of the Complaint from which the Court Ordered for a MDS (meaning the Defendants knew quite well that litigation in said action was ongoing...)? Even better, take the following scenario: (1) the case was initally filed by Plaintiff and he was then pitted up against a FRCP 12 b 6 (Motion to Dismiss for failure to state a claim upon which relief can be granted); (2) an Order from the Court citing for Plaintiff to provide a MDS pursuant to FRCP 12 e cam about; the Plaintiff replied with his MDS within 14 days; (3) then the Defendants replied with a RENEWED FRCP 12 b 6 on the 16th day and on that same day the Clerk's Entry of Default was entered pursuant to FRCP 55 a...does FRCP Rule 5 a 2 apply to the Defendants in said situation as they knew quite well of the ongoing litigation...Hope this helps explain said action a little...
Expert:  Daniel Solutions replied 3 years ago.
Sorry if my answer wasnt clear earlier so let me try to just keep it simple here.

Yes I am referring to the original filing.

Yes, FRCP Rule 5 (a)(2) would apply to the defendant after they were put on notice.
Daniel Solutions, Lawyer (JD)
Category: Legal
Satisfied Customers: 9934
Experience: Practing General Attorney,
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