Filing of Answers and Defenses

U.S. District Court for the Eastern District of Texas

Rule Set: Local Civil Rules of the United States District Court for the Eastern District of Texas

Rule: CV-12

Jurisdiction: EDTX

Bluebook Citation: E.D. Tex. L.R. CV CV-12

An attorney may request that the deadline be extended for a defendant to answer the complaint or file a motion under Fed. R. Civ. P. 12(b). Unless otherwise ordered by the court, where the requested extension: (1) is not opposed; and (2) does not result in an overall extension of the defendant’s deadline exceeding forty-five days, the request shall be by application to the clerk, not motion. The application shall be acted upon with dispatch by the clerk on the court’s behalf, and the deadline to answer or otherwise respond is stayed pending action by the clerk.

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