the effect of the surrejoinder application to the Plaintiff
Plaintiffs do not have a surrebuttal. They have a rebuttal. Defendants reply is the surreebuttal. Plaintiffs case in chief Defendants case in chief Plaintiffs rebuttal Defendants surrebuttal
to strike from the record
Most likely none at all, unless the Court Rules of the state in question call for it. Under NJ court rules, once an answer is filed, plaintiff is not allowed to file a responsive pleading unless the answer raised counterclaims against plaintiff. If it does then plaintiff files an answer to the counterclaim.
If the defendant does not respond to the suit within 30 days you can get a default judgement. As long as you filed the motion on day 31 or after, your motion will be valid.
A responsive pleading is one that responds to what another party has filed. An answer responds to a complaint. An opposition to a motion to dismiss responds to a motion to dismiss. An affidavit and reply must be filed to a motion to dismiss a case.
Generally, there is no requirement to file any response to a defendant's answer. The complaint and answer form the issues (set forth the disputes) in the case. There is a pleading called a Reply, but it is rarely used and is not required. Of course, every state has it's own rules of civil practice so it's difficult to give a thorough answer to this question.
"Leave to plead" is the allowance by the court to file a particular type of pleading even though technically, you may be barred by court rules or statute from filing the pleading. As an example, a defendant normally has a limited number of days within which to file an Answer. After the time expires defendant will be allowed to file out of time only if the plaintiff consents or in some cases only if the court consents. If the defendant needs the court's consent, application is made for "leave to plead" defendant's answer. If the court grants leave to plead, the defendant may file the Answer as if it had been filed within the time originally required. The phrase also applies to adding different types of defenses or claims that may have been left out of pleadings already filed. If, for example, a defendant filed the usual answer denying plaintiff's claims, but later realized he should have included several affirmative defenses as well, he might have to get the court's permission to amend his original answer by adding the affirmative defenses. Here, defendant would be granted leave to plead the specific affirmative defenses he needs.
The act of copying or reproducing something. Also in law, a replication it is a plaintiff's reply to a defendant's plea
The definition of replication is the action of reproducing or copying something. The term also means a plaintiff's reply to the defendant's plea.
No. Federal Rules of Civil Procedure 7(a) defines pleadings: (1) a complaint; (2) an answer to a complaint; (3) an answer to a counterclaim designated as a counterclaim; (4) an answer to a crossclaim; (5) a third-party complaint; (6) an answer to a third-party complaint; and (7) if the court orders one, a reply to an answer. Strictly speaking, then, nothing else is a pleading. But many lawyers call just about anything that they file in court a pleading. Even then an order would not be a pleading because an order is issued by the court.
The first point is to understand that there are multiple types and levels of courts within the US judicial system. A plea is an accused person's formal reply to a charge in a criminal court:Guilty - A plea by a defendant who does not contest a charge.Not Guilty - A plea of legally innocent of a crime which they have been accused.No Contest - To not admit the charge, but have no means to dispute it that the court will recognize. (Latin term nolo contendere)An Alford Plea results with the court finding the defendant guilty or the defendant pleading guilty but not necessarily admitting to all the facts of the crime. It's usually made in conjunction with a plea agreement. The defendant doesn't admit the criminal act but concedes the prosecution has enough evidence to prove the charges. Alford pleas are treated differently in different jurisdictions and can result in different outcomes under various state laws.
No, a motion to dismiss is not a responsive pleading. Under the federal rules, the determination of "what's a pleading" is covered by Fed. Rule of Civil Procedure 7(a). If it isn't listed in Fed. R. Civ. Pro. 7(a), it is not a "pleading" technically. A motion to dismiss is likely under Fed. Rule 12(b), and while a Motion to Dismiss can sometimes be used prior to an answer, it technically does not enlarge the time in which to answer a suit, it nevertheless extends the deadline to answer. Rule 12 provides that if a Rule 12 motion to dismiss is denied, the responsive pleading reply period is modified to be 10 days after the Court's decision.