8. Filing of Responsive Pleadings (Rule 11)

Exception

A counterclaim not set up because of the pleader’s oversight, inadvertence, excusable neglect or when justice requires, may be set up, by leave of court by amendment of the pleadings before judgment (Rule 11, Sec. 10).

If a compulsory counterclaim matures or was acquired by a party after serving his answer, the compulsory counterclaim is not deemed barred and may be pleaded by filing a supplemental answer or pleading before judgment. (Rule 11, Sec. 9)

COUNTERCLAIM OR CROSS-CLAIM

A counterclaim or cross-claim must be answered within twenty (20) calendar days from service.

THIRD-PARTY COMPLAINT

The time to answer a third (fourth, etc.)—party complaint shall be governed by the same rule as the answer to the complaint.

REPLY may be filed within fifteen (15) calendar days from service of the pleading responded to.

Extension of Time to Plead

• There must be a motion;
• With service of such motion to the other party; and
• On such terms as may be just.