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Typically, a party has seven days to respond to a motion.
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.
Otherwise, the seven day rule would be applicable.
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does not indiana rule of trial procedure 6 state that there are 20 days to respond to a motion to dismiss?
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.
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.
ok does the additional 3 day (for mail) rule come in to play, thereby giving a total of 10 days then?
The three day mail rule always applies.
And, the next business day rule applies.
So, for example, if day 10 fall on a Sunday, the deadline is automatically extended to the next business day.