Jump to content

Denied MTD, but can I still argue in answer

Recommended Posts

I filed a Motion to dismiss based on personal jurisdiction. After 3 months of back and forth the court denied my motion and indicated I have 10 days to file my answer. (working on it now).

The denial stated that I failed to state any grounds in support of the motion. I felt I did provide enough proof.

Regardless, in my answer I want to leave the door open that I still want to challenge this again at some point. How would I go about this?

Link to comment
Share on other sites

Also was thinking of using.

1. To pray for leave to amend.

On my answer in case I forget to state anything.

But once they make a responsive pleading your out of luck to amend, so what are other ideas or thoughts to leave room to amend?

Link to comment
Share on other sites

read your local rules and find out the procedure for filing a motion to reargue, although i think it would be appropriate to file a motion to renew.

i dont know what your order says (some orders will deny a motion but grant leave to renew, which essentially gives you the chance to fix your error)

if it was me, i'd renew, but i dont know how things operate in your state/jurisdiction.

as to your amendments, i believe that is governed by your local ruls of civil procedure:


(a) Amendments. A party may amend the party’s pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, the party may so amend it at any time within 20 days after it is served. Otherwise a party may amend the party’s pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires. A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 10 days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders.

[As amended; effective January 1, 2005.]

you have 20 days without leave of court, after 20 days just ask your opponent if you can amend your answer and tell them why. if they say no file a motion with the court and give the court a good reason. they should grant your motion to amend

Link to comment
Share on other sites

This topic is now closed to further replies.

  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.