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How much time do I have to answer a 2nd amended complaint?

West Palm Beach, FL |

How much time do I have to answer a 2nd amended complaint? And what happens if I don't answer since I answered the original complaint? Additionally, the 2nd Amended Complaint was filed per an Order given by a Judge (Judge denied my Motion to Dismiss, and told the Plaintiff's attorney, in order to proceed, you must amend as follows...). However, the Plaintiff's attorney never prepared or filed the Judge's Order, he just submitted the updated complaint. Is this proper?

Attorney Answers 3

  1. If the judge issued an order denying your motion to dismiss and plaintiff's attorney then served an amended complaint, then that's all that needs to be done procedurally to trigger an answer to the amended complaint. Ordinarily, you have ten days to answer an amended complaint unless otherwise stated in a court order. Usually the judge includes language in the order on the motion to dismiss as to how miuch time you have to responde to the amended complaint.

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  2. It is not improper for that to have happened. The other side filed an amended complaint and you have 10 days to respond to the amended complaint. You can file another motion to dismiss if the complaint still has defects.

  3. My colleagues are correct that under the Rules of Civil Procedure you have 10 days to file a response to Amended Complaint or as otherwise directed by the Court. It appears that you are litigating "pro se" against a party who is represented by an attorney. Regardless of the merits of your case, you are at a tremendous disadvantage if you are engaging in "motion practice" against a FL licensed attorney. I recommend you seek legal advice prior to filing a response to the 2nd Amended Complaint or if you are approaching a deadline, seek an extension to allow you to consult with an attorney. Under the Rules, there are certain defenses that must be raised with the first responsive pleading or otherwise they are waived.