RULE 11.docx - RULE 11 When to File Responsive Pleadings Section 1 Answer to the complaint \u2014 The defendant shall file his answer to the complaint

RULE 11.docx - RULE 11 When to File Responsive Pleadings...

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RULE 11 When to File Responsive Pleadings Section 1. Answer to the complaint . — The defendant shall file his answer to the complaint within fifteen (15) days after service of summons, unless a different period is fixed by the court. (la) Section 2. Answer of a defendant foreign private juridical entity . — Where the defendant is a foreign private juridical entity and service of summons is made on the government official designated by law to receive the same, the answer shall be filed within thirty (30) days after receipt of summons by such entity. -the case of a nonresident defendant on whom extraterritorial service of summons is made, the period to answer must be at least 60 days (Sec. 15, Rule 14). -The granting of additional time to the defendant within which to file an answer is a matt e r largely addressed to the sound discretion of the trial court present Rule provides for discretion on the part of the court to extend the time or allow pleadings filed after the reglementary period, thus — "Sec. 11. Extension of time to plead. — Upon motion and on such terms as may be just, the court may extend the time to plead provided in these Rules. The court may also, upon like terms, allow an answer or other pleading to be filed after the time fixed by these Rules. -the discretion of the court to admit pleadings filed after the reglementary period has expired does not extend to the steps necessary to perfect an appeal which must all be done within the reglementary period, unless prior to its expiration an extension has been sought and granted on justifiable grounds. -motion for extension of time to file an answer may be heard and granted ex parte -order allowing the filing of a late answer is interlocutory and not appealable Section 3. Answer to amended complaint . — When the plaintiff files an amended complaint as a matter of right, the defendant shall answer the same within fifteen (15) days after being served with a copy thereof.
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Where its filing is not a matter of right, the defendant shall answer the amended complaint within ten (l0) days from notice of the order admitting the same. An answer earlier filed may serve as the answer to the amended complaint if no new answer is filed. This Rule shall apply to the answer to an amended counterclaim, amended cross-claim, amended third (fourth, etc.)—party complaint, and amended complaint-in-intervention. -amended section, while adopting the period provided by the former Rule for the filing of an answer to an amended complaint, now makes clear the date from which such period shall be reckoned. Thus, if the filing of an amended complaint is a matter of right, as where no answer has yet been filed to the original complaint, no motion for leave or court order granting such leave to file an amended complaint being involved, the 15-day period to answer is counted from service of the amended complaint. If the filing of the amended complaint is not a matter of right,
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