trending ATTORNEYS on baker sterchi
{{item.T}}
Kansas City, Missouri
2400 Pershing Road, Suite 500, Kansas City, Missouri 64108-2533
Practice Reminder: A Motion to Compel Arbitration Does not Alter the Time to Answer
ABSTRACT: A Motion to Compel Arbitration is not one of the motions under Fed.R.Civ.P. 12(b) that extends the time to answer under Fed.R.Civ.P. 12(a)(1). In order to avoid filing an answer, defendants should file a Motion to Dismiss or, in the alternative, To Compel Arbitration.
During 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. Counsel replied that the defendant had filed a motion to compel arbitration and stay the case. The Court, politely, but firmly, reviewed all of the motions listed under Fed.R.Civ.P. 12(b) and noted that a motion to compel arbitration was not among the motions that would alter the time to answer. The Court gave defendant 10 days to answer.
When moving to compel arbitration pre-answer, please remember the rules and either: (1) file a motion to dismiss, under Fed.R.Civ.P. 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. 12(a)(1)(A). Either step will assist in avoiding a default judgment while waiting for a ruling on the motion to compel arbitration.
About Kansas Law Blog
Baker Sterchi's Kansas Law Blog examines significant developments, trends and changes in Kansas law on a broad range of topics that are of interest to Kansas practitioners and to businesses evaluating risks under Kansas law or managing litigation subject to Kansas law.
Subscribe via email
Subscribe to rss feeds
RSS FeedsABOUT baker sterchi blogs
Baker Sterchi Cowden & Rice LLC (Baker Sterchi) publishes this website as a service to our clients, colleagues and others, for informational purposes only. These materials are not intended to create an attorney-client relationship, and are not a substitute for sound legal advice. 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. If you contact us through our website or via email, no attorney-client relationship is created, and no confidential information should be transmitted. 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.
The hiring of an attorney is an important decision, which should not be based solely on information appearing on our website. 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. We do our best to provide you current, accurate information; however, we cannot guarantee that this information is the most current, correct or complete. In addition, you should not take this information as a promise or indication of future results.
Disclaimer
The Kansas Law Blog is made available by Baker Sterchi Cowden & Rice LLC for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Your use of this blog site alone creates no attorney client relationship between you and the firm.
Confidential information
Do not include confidential information in comments or other feedback or messages related to the Kansas Law Blog, as these are neither confidential nor secure methods of communicating with attorneys. The Kansas Law Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
