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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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If a party in NJ fails to file timely an answer to a

Customer Question

If a party in NJ fails to file timely an answer to a counterclaim or a motion to dismiss the counterclaim, can the actual complaint be dismissed?
Submitted: 6 months ago.
Category: Legal
Expert:  Delta-Lawyer replied 6 months ago.
Not necessarily. If they fail to timely respond to a counterclaim, in general, or the motion to dismiss that claim, at the very least, they are subject to default as to that particular claim. In other words, they can have a judgment issued against them as to that particular claim. That said, if that particular counterclaim makes the original claim a moot point, or is dis-positive in some way, the party that filed the counter claim can then file a motion to dismiss or a motion for summary judgment based on the default and the effect of that default. Let me know if you have any other questions or comments. Please also rate my answer positively (THREE OR MORE Stars). Best wishes going forward!
Expert:  Delta-Lawyer replied 6 months ago.
Did you have any other questions or concerns? I want to make sure you are as comfortable as possible as you move forward here. Thanks