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RULES OF CIVIL PROCEDURE For the Trial Division of the Yap ...

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ground to support it; and that it is not interposed for delay. If a pleading is not signed or is<br />

signed with intent to defeat <strong>the</strong> purpose <strong>of</strong> this rule, it may be stricken as sham and false<br />

and <strong>the</strong> action may proceed as though <strong>the</strong> pleading had not been served. <strong>For</strong> wilful<br />

violation <strong>of</strong> this rule a counsel may be subjected to appropriate disciplinary action.<br />

Similar action may be taken if scandalous or indecent matter is inserted.<br />

Comment: Rule 11 has been amended to require an attorney or trial counsel to<br />

include his or her telephone number and e-mail address, if available, in any pleading.<br />

One typo has also been corrected; <strong>the</strong> phrase “If a pleading is riot signed” has been<br />

changed to “If a pleading is not signed.”<br />

Rule 12. Defenses and Objections - When and How Presented By Pleading or<br />

Motion - Motion or Judgment on <strong>the</strong> Pleadings.<br />

(a) Time to Serve a Responsive Pleading.<br />

(1) In General. Unless ano<strong>the</strong>r time is specified by this rule or a law <strong>of</strong> <strong>the</strong> State<br />

<strong>of</strong> <strong>Yap</strong>, <strong>the</strong> time for serving a responsive pleading is as follows:<br />

(A) A defendant must serve an answer:<br />

(i) within 30 days after being served with <strong>the</strong> summons and<br />

complaint;<br />

(B) A party must serve an answer to a counterclaim or crossclaim within<br />

30 days after being served with <strong>the</strong> pleading that states <strong>the</strong> counterclaim or<br />

crossclaim.<br />

(C) A party must serve a reply to an answer within 20 30 days after being<br />

served with an order to reply, unless <strong>the</strong> order specifies a different time.<br />

(2) Effect <strong>of</strong> a Motion. Unless <strong>the</strong> court sets a different time, serving a motion<br />

under this rule alters <strong>the</strong>se periods as follows:<br />

(A) if <strong>the</strong> court denies <strong>the</strong> motion or postpones its disposition until trial,<br />

<strong>the</strong> responsive pleading must be served within 10 days after notice <strong>of</strong> <strong>the</strong> court’s<br />

action; or<br />

(B) if <strong>the</strong> court grants a motion for a more definite statement, <strong>the</strong><br />

responsive pleading must be served within 10 days after <strong>the</strong> more definite<br />

statement is served.<br />

(b) How to Present Defenses. Every defense to a claim for relief in any pleading must be<br />

asserted in <strong>the</strong> responsive pleading if one is required. But a party may assert <strong>the</strong><br />

following defenses by motion:<br />

(1) lack <strong>of</strong> subject-matter jurisdiction;

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