Ace the Civil Procedure Multistate Bar Exam. Study with our quizzes featuring flashcards and multiple-choice questions, complete with hints and explanations. Ensure you are ready for your exam!

Each practice test/flash card set has 50 randomly selected questions from a bank of over 500. You'll get a new set of questions each time!

Practice this question and more.


How long does a defendant have to answer after a Rule 12 motion has been denied?

  1. 14 days

  2. 21 days

  3. 30 days

  4. 60 days

The correct answer is: 14 days

The correct duration for a defendant to respond after a Rule 12 motion has been denied is indeed 14 days. According to the Federal Rules of Civil Procedure, when a defendant makes a motion under Rule 12 (such as a motion to dismiss), if that motion is denied, the defendant is typically required to respond to the complaint within 14 days of the ruling on the motion. In this context, the purpose of specifying a time frame for the response is to ensure prompt proceedings in the case. The court aims to keep the litigation moving forward efficiently. In situations where a defendant filed a motion that did not wholly resolve the issues, this time period provides them with enough time to prepare a proper answer to the complaint following the denial of their motion. Other durations mentioned, such as 21, 30, or 60 days, do not align with the specified provision in the rules concerning the time frame after a Rule 12 motion is resolved. These periods might relate to different contexts or motions but do not apply in this specific scenario.