Legal Process After Complaint

Summary

Once a defendant answers a complaint in Nevadas Southern District Court, the process typically involves discovery, pre-trial motions, and trial preparation. If an amended complaint is filed, it becomes the operative complaint, and the defendant must respond to it. If the defendant fails to answer the amended complaint, the plaintiff may seek a default judgment. The court generally does not notify parties of the operative complaint; its the parties responsibility to be aware. The defendant usually has 14 days to respond to an amended complaint. If the plaintiff did not amend the complaint, they should review the defendants answer and proceed with discovery and trial preparation.

Full Conversation

plaintiff received eeoc right to sue notice sept * and filed lawsuit december * * and served defendant march * * defendant responded april * * that attorney was just retained from firm and requested extension on april * * filed a stipulation for extension for answer to be submitted by may * *. plaintiff forgot to attatch eeoc right to sue notice and amended complaint on april * * and served defendant via email and by mail before and by may * *. plaintiff also motion to leave in to make first amended complaint operative. now which complaint becomes the operative complaint that defendant must respond to according to frcp
Under the Federal Rules of Civil Procedure (FRCP), once an amended complaint is filed and served, it becomes the operative complaint. Since the plaintiff amended the complaint on April *, *, and served it before May *, *, this amended complaint is the one the defendant must respond to.
so what happens if defendant answered on may * * to the original complaint filed on december * *
If the defendant answered the original complaint on May *, *, instead of the amended one filed on April *, *, the court may require the defendant to respond to the amended complaint. The amended complaint supersedes the original, and the defendant should address the new allegations.
so what does plaintiff need to do at this time
Case Rating: *
The plaintiff should consider the following actions:
- Motion to Strike/Order: The plaintiff may file a motion to strike the defendant's answer to the original complaint and request an order for the defendant to respond to the amended complaint.
- Communicate with Defendant: Reach out to the defendant's attorney to clarify the need to respond to the amended complaint.
Would you like more detailed guidance on these steps?
will the court notify defendant and plaintiff of what complaint is the operative complaint or are the plaintiff and defendant supposed to know
Case Rating: *
In general, under the Federal Rules of Civil Procedure, an amended complaint becomes the operative complaint once filed and served. It's typically the responsibility of the parties involved to be aware of the current operative complaint, not the court's duty to notify them.
and what happens if the defendant does not answer to the first amended complaint?
Case Rating: *
If the defendant does not answer the first amended complaint, the plaintiff may request a default judgment from the court. This means the court could rule in favor of the plaintiff due to the defendant's lack of response. It's advisable to consult with a legal professional for further action.
what is the best move the plaintiff can take at this time
Case Rating: *
The plaintiff should consider filing a motion for default judgment if the defendant fails to answer the first amended complaint. Additionally, the plaintiff can communicate with the defendant's attorney to clarify the need for a response to the amended complaint.
how long does the defendant have to answer to the first amended complaint
Case Rating: *
In Nevada, under the Federal Rules of Civil Procedure, the defendant typically has 14 days to respond to an amended complaint after it is served. However, this can vary based on any stipulations or extensions granted by the court.
say plaintiff didn't amend the complaint and defendant answered original complaint that what would the plaintiff need to do at this time?
Case Rating: *
If the plaintiff didn't amend the complaint and the defendant answered the original complaint, the plaintiff should:
- Review the defendant's answer and consider if any issues need addressing.
- Proceed with discovery and trial preparation based on the defendant's response.
- Consult legal counsel if unsure about next steps.