Legal Question in Business Law in Utah
Need to file Operative Complaint after Partial Dismissal
On a Rule 12(b)(6) motion, the court dismissed several parties and some but not all claims. Is the plaintiff required to file an amended, operative complaint reflecting the dismissals before the defendant is required to answer?
Asked on 3/08/06, 10:55 am
1 Answer from Attorneys
Alvin Lundgren
Alvin R. Lundgren, L.C.
Re: Need to file Operative Complaint after Partial Dismissal
Assuming that the 12b(6) motion was filed before answering the complaint, the defendant must answer the remaining allegations in the complaint within the time set by the order, or within 20 days. A new complaint is not necessary. However, a properly filed amended complaint may be able to reinstate claims from a poorly drafted first complaint.
Answered on 3/08/06, 11:35 am
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