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Is it possible to submit an amended motion to dismiss? Does…

Is it possible to submit...
Is it possible to submit an amended motion to dismiss? Does that require a second motion to amend? Finally does it have to be submitted within the same response deadline as the first motion to dismiss or can it be done thereafter?
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Answered in 3 minutes by:
7/25/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 11,473
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Generally, a party may amend its pleading once as a matter of course Within 21 days after the original motion has been served. Otherwise, you would need to get the permission of the opposing party to amend your motion.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 11,473
Experience: Licensed to practice before state and federal court
Verified
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Customer reply replied 10 months ago
Not sure I connect with this. Plaintiff filed complaint. Defendant served Answer and Counterclaim on Plaintiff. Plaintiff filed motion to dismiss counterclaim. Defendant now has 14 days to respond. Are you sure plaintiff can file amended MTD as a matter of course before defendant responds?
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Customer reply replied 10 months ago
I will submit another question and possible call request later today. Meanwhile simple follow up: when amending as a matter of course must all changes be highlighted in same manner as proposed amended pleading by motion?

good question. the changes do not have to be highlighted. you just need to put int he caption that it's an amended motion and then type it up as you see fit. My recommendation would be to put what you had in there originally and then add the new stuff as well.

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Customer reply replied 10 months ago
Well I would like to do that but I'm already at the 17 PlayJW Max and have to someone restructure the amended pleading to accommodate the new argument.
Customer reply replied 10 months ago
Thanks for chat. Good advice. I want to be sure I do not lose arguments if they were not raised in my first responsive pleading (although I read that a rule 12(b)(6) is not considered a responsive pleading). I have thought of two new and strong arguments for the MTD not raised in the MTD. If I fail to amend the MTD can I still raise them in a later Answer and/or MSJ? Thanks

You're welcome. If you don't amend the motion to dismiss, you won't have another chance unless you file an MSJ. However, depending on what those claims are, it may not fit within the procedural posture of the MSJ. Accordingly, my recommendation would be to amend your MTD to ensure they are on the record.

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I have a very quick question for you. Are you able to see what my ratings look like on your screen? I have a 99.5% rating, but from what I understand customers are seeing a rating with something like two stars. If so, would you be able to take a screenshot and upload it for me? Thanks so much.

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Customer reply replied 10 months ago
You are showing 5 stars Legal Eagle Lawyer
2989 Ratings

Ok great, thank you!

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