![]() ![]() In addition, you should not take this information as a promise or indication of future results. We do our best to provide you current, accurate information however, we cannot guarantee that this information is the most current, correct or complete. To the extent our website has provided links to other Internet resources, those links are not under our control, and we are not responsible for their content. ![]() The hiring of an attorney is an important decision, which should not be based solely on information appearing on our website. Communication with Baker Sterchi by e-mail or other transmissions over the Internet may not be secure, and you should not send confidential electronic messages that are not adequately encrypted. If you contact us through our website or via email, no attorney-client relationship is created, and no confidential information should be transmitted. You should not base any action or lack of action on any information included in our website, without first seeking appropriate legal or other professional advice. Except for objections based on fundamental grounds, every ground for a motion to dismiss that is not presented by a motion to dismiss within the time provided herein, shall be considered waived. These materials are not intended to create an attorney-client relationship, and are not a substitute for sound legal advice. The court in its discretion may permit the defendant to plead and thereafter to file a motion to dismiss at a time to be set by the court. Either step will assist in avoiding a default judgment while waiting for a ruling on the motion to compel arbitration.īaker Sterchi Cowden & Rice LLC (Baker Sterchi) publishes this website as a service to our clients, colleagues and others, for informational purposes only. 12(b)(1) or in the alternative, to compel the parties to arbitrate and stay the case, or (2) prepare to answer within the 21-day time period, under Fed.R.Civ.P. When moving to compel arbitration pre-answer, please remember the rules and either: (1) file a motion to dismiss, under Fed.R.Civ.P. The Court gave defendant 10 days to answer. Once you file a joint motion to dismiss, the court and the judge play a crucial role in deciding the fate of your case. Role of the Court and the Judge in Dismissing a Divorce Case. 12(b) and noted that a motion to compel arbitration was not among the motions that would alter the time to answer. By filing a joint motion to dismiss, you are demonstrating mutual agreement to halt the divorce proceedings. ![]() The Court, politely, but firmly, reviewed all of the motions listed under Fed.R.Civ.P. Counsel replied that the defendant had filed a motion to compel arbitration and stay the case. In order to avoid filing an answer, defendants should file a Motion to Dismiss or, in the alternative, To Compel Arbitration.ĭuring a recent scheduling before the United States District Court for the District of Kansas, the Court sua sponte asked counsel when he intended to answer on behalf of his client. 12(b) that extends the time to answer under Fed.R.Civ.P. ABSTRACT: A Motion to Compel Arbitration is not one of the motions under Fed.R.Civ.P. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |