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RULE 11

WHEN TO FILE RESPONSIVE PLEADINGS

Periods for Filing of Pleadings


Answer to Complaint 15 days after Service of Summons
Unless a different period is fixed by Court
Sec 1, Rule 11
Answer of Defendant Foreign 30 days after Receipt of Summons by
Private Juridical Entity. (Service of such entity
Summons is made on the government Sec 2, Rule 11
official designated by law to receive
the same)
Answer to Compalint amended as 15 days after being Served Copy thereof
a Matter of Right Sec 3, Rule 11
Answer to Complaint Not a Matter 10 days from Notice of Order Admitting
of Right the same
Sec 3, Rule 11
Answer to Counterclaim or Cross- 10 days from service
claim Sec 4, Rule 11
Answer to Third (Fourth, etc) 15 days after Service of Summons
Party Complaint Unless a different period is fixed by Court
Sec 5, Rule 11
Reply 10 days from Service of Pleading
responded to
Sec 6, Rule 11
Answer to Supplemental 10 days from Notice of Order admitting
Complaint the same
Unless a different period is fixed by Court
Sec 7, Rule 11

Section 1. ANSWER TO THE COMPLAINT


Section 2. ANSWER OF A DEFENDANT FOREIGN PRIVATE JURIDICAL ENTITY

Section 3. ANSWER TO AMENDED COMPLAINT


- Rule Plaintiff Period to file Amended Complaint is 15 days after being served copy
o Condition Filing is a Matter of Right

- Rule Defendant Period to file Amended Complaint is 10 days from Notice of Order
admitting it
o Condition filing is a Matter of Right
- Rule Answer earlier filed may serve as Answer to Amended Complaint
o Condition No new Answer is filed

- Rule Applies also to Answer to


(a) Amended Counterclaim
(b) Amended Cross-claim
(c) Amended Third (fourth, etc.) party Complaint
(d) Amended Complaint-in-Intervention

Section 4. ANSWER TO COUNTERCLAIM OR CROSSCLAIM


Section 5. ANSWER TO THIRD (FOURTH, ETC.)PARTY COMPLAINT
Section 6. REPLY.
Section 7. ANSWER TO SUPPLEMENTAL COMPLAIN
- Answer to Supplemental Pleading
o Rule Filing of Answer to Supplemental Pleading is Not Mandatory
o Rationale use of may
o Effect Answer to Original Pleading shall serve as Answer to Supplemental

Section 8. EXISTING COUNTERCLAIM OR CROSSCLAIM


- Rule A compulsory Counterclaim or Cross-Claim that Defending Party has at time
answer is filed shall be Contained in the Answer
- Rationale Because Compulsory Counterclaim not set up Shall be Barred Sec 2
Rule 9

Section 9. COUNTERCLAIM OR CROSSCLAIM ARISING AFTER ANSWER


- Rule Counterclaim which either (a) Matured or (b) Acquired by party After serving his
Pleading
may be Presented as a Counterclaim by Supplemental Pleading before
Judgment
- Condition Must be with Permission of Court

Section 10. OMITTED COUNTERCLAIM OR CROSSCLAIM


- Rule Counterclaim not Initially set up because of
(a) Oversight (b) Inadvertence (c) Excusable Neglect (d) Justice Requires
may be set up (1) With Leave of Court and (2) By Amendment Before
Judgment
- Rule Because Compulsory Counterclaim not set up shall be Barred Sec 2 Rule 9
o Exception Permissive Counterclaim

Section 11. EXTENSION OF TIME TO PLEAD


- Rule Court may Extend time to Plead
- Condition (a) Upon Motion and (b) Upon such terms as are Just

- Rule Court may allow Answer or Other Pleading be filed after time fixed by Rules

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