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Responsive pleadings.

Tampa, FL |
Attorney answers 3


A responsive pleading to a Complaint or a Petition? It all depends upon the nature of the pleading, the type of case, and so on. Before filing an Answer to the initial pleading, it may sometimes be appropriate to file a Motion to Dismiss based upon any one of a number of grounds, including, but not limited to, failure to state a cause of action; failure to join an indispensable party; failure to attach necessary documents; failure to serve process within the time period required; lack of subject matter jurisdiction; lack of proper service of process....

And the list goes on.

Let us also not forget a Motion for More Specific Statement; motions to strike, motions to quash.....

And the list goes on.

Or, if the initial pleading is properly drafted and there are no grounds for a motion, the Answer to the pleading is proper.

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Your question is broad, so I will provide a broad answer.

Examples of responsive pleadings are: an answer, opposition to a motion for summary judgment, Rule 26.1 Initial Disclosure, if responding to a request of r disclosure, an Appellate Brief, any response to a motion, or any pre-answer motions such as a motion to dismiss for failure to state a cause of action.

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I agree with Mr. Lampert. if you need samples of pleadings you can go to the local law library and find publications which deal with pleadings. Not sure about your specific legal matter but you should probably hire an attorney. After all you don't want to go to a gun fight with a knife.

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