Do you have to answer the amended complaint?

Yes, the amended complaint must be served on the defendants. And as Attorney Yee indicates, defendants would now have the opportunity to answer the amended complaint, notwithstanding the default on the original complaint. Juan Manuel Armenta.

Is there need to serve new summons after a complaint is filed?

M filed an Amended Complaint alleging that summons and other court processes could also be served at its principal office in Ermita, Manila. The trial court denied the motion to dismiss and directed the issuance of an alias summons to be served at ABC’s main office in Manila. The alias summons was properly served.

When do amended pleadings have to be re-quired?

(B) if the pleading is one to which a responsive pleading is re- quired, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier. (2) Other Amendments. In all other cases, a party may amend its pleading only with the opposing party’s written consent or the

What happens if a defendant fails to file a response?

The reviewing official may respond to the motion. (g) If the ALJ determines that a defendant has demonstrated extraordinary circumstances excusing his failure to file a timely answer, the ALJ will withdraw the initial decision, and grant the defendant an opportunity to answer the complaint .

How long does a defendant have to answer a complaint?

The defendant shall answer the amendments, or the complaint as amended, within 30 days after service thereof, or such other time as the court may direct, and judgment by default may be entered upon failure to answer, as in other cases.

When does the court have time to respond to an amended pleading?

The court should freely give leave when justice so requires. (3) Time to Respond. Unless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later.

When to file a civil complaint in California?

(Subd (a) amended effective July 1, 2007; previously amended effective January 1, 2007.) The complaint must be served on all named defendants and proofs of service on those defendants must be filed with the court within 60 days after the filing of the complaint.