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J.Hazelbaker
J.Hazelbaker, Attorney
Category: Legal
Satisfied Customers: 4385
Experience:  Attorney and small business owner with 10 years experience in the general practice of law.
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how long does a party have to respond to a motion to dismiss

Resolved Question:

how long does a party have to respond to a motion to dismiss in Indiana?
Submitted: 2 years ago.
Category: Legal
Expert:  J.Hazelbaker replied 2 years ago.

J.Hazelbaker :

Hello. Thank you for using JustAnswer.

J.Hazelbaker :

Typically, a party has seven days to respond to a motion.

J.Hazelbaker :

If a motion is for summary judgment, the party must file at least five days prior to a hearing on the motion. In that case, the party responding to the motion must respond at least one day before the hearing.

J.Hazelbaker :

Otherwise, the seven day rule would be applicable.

J.Hazelbaker :

Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort. You may always restart the thread and ask follow-up questions at any time by clicking the “Reply” button at the bottom of the question/answer thread. You can access this thread later in your profile under the “My Questions” tab.

Customer:

does not indiana rule of trial procedure 6 state that there are 20 days to respond to a motion to dismiss?

J.Hazelbaker :

No.

J.Hazelbaker :

Rule 6(c) provides a 20 day response time for "pleadings" (which is the complaint and answer only). This rule extends that 20 day period by stating that, if a motion to dismiss is filed, the pleading response is due ten days from the date the motion dismiss is denied.

J.Hazelbaker :

Generally, the seven day rule applies. Though, it is usually freely extended when requested. However, the opposing party can request a court decision once the seven-day period runs.

Customer:

ok does the additional 3 day (for mail) rule come in to play, thereby giving a total of 10 days then?

J.Hazelbaker :

Yes.

J.Hazelbaker :

The three day mail rule always applies.

J.Hazelbaker :

And, the next business day rule applies.

J.Hazelbaker :

So, for example, if day 10 fall on a Sunday, the deadline is automatically extended to the next business day.

J.Hazelbaker, Attorney
Category: Legal
Satisfied Customers: 4385
Experience: Attorney and small business owner with 10 years experience in the general practice of law.
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