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Thanks, XXXXX XXXXX understand the declaration very well, could you explain what it is and its purpose. Also, do I need to give notice of a hearing of the motion, request a hearing or don't say anything about a hearing and if the judge wants a hearing, she will make that ruling?
Thanks, XXXXX XXXXX You helped the with this the other day. In my research, 2 questions arose. First, rather than file an answer to the amended complaint, is the defendant allowed to amend his original answer instead? And, is the laws associated with this subject of filing an amended answer the same for District Court as they are for County Court? For example, in district court a reply to a counterclaim is required, in county court a reply to a counterclaim is not required. Could the same general rule or concept apply to this situation?
Ok sorry but now i am more confused. Could you clarify, I understand that technically, an amended answer and an answer to an amended complaint is essentially the same - they are both answers. The issue is the time deadline and if it has passed. The amended complaint was granted 60 days ago, your prior statements indicate they were required to file one and therefore have admitted the new claims in the amended complaint. If an amended answer was allowed, is it true that the amended answer can only address amendments to the original complaint and not the new claims? To defend the new claims, don't they have to specifically file an amended answer to the amended complaint? It seems that their proper action would have to be an amended answer to the amended complaint and titled as such, however, the deadline to do this is past? They have had ample time to amend their original answer and have failed to do so?
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