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

Asked over 4 years ago - 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. Thomas Michael Bates

    Contributor Level 13

    Answered . 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.

    LEGAL ADVERTISEMENT – I am not seeking to represent you based on the response to this question. The answer given is for general information purposes only. No attorney-client relationship is hereby intended. However, if you have additional questions concerning this matter you may call me at (561) 802-4124; e-mail me at tmblaw@msn.com or write to me at Thomas M. Bates, P.A., 1655 Palm Beach Lakes Boulevard, Suite 402, West Palm Beach, FL 33401.

  2. John Davis Hoffman

    Contributor Level 13

    Answered . 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. Richard Sierra

    Pro

    Contributor Level 15

    Answered . 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.

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