Under Rule 5d, pleadings subsequent to the complaint must be filed within 5 days after service.

Under Rule 5d, pleadings subsequent to the complaint must be filed within 5 days after service.

• A. False
• B. True
• C. Not specified
• D. Not applicable

Answer: (A)

The timing issue here comes from how Rule 5 deals with service and filing after the initial complaint. There isn’t a blanket rule that all pleadings filed after the complaint must be filed within five days after service. Instead, the time to respond to pleadings and to file subsequent pleadings is governed by Rule 6 (which sets out the periods for responding to pleadings and adds extra days if service is by certain methods, like mail) and by any court orders or the specific pleading’s requirements. In practice, the usual response to a complaint is not a fixed five-day window; it’s a longer period (commonly 30 days from service, with extensions if service was by mail, etc.), and any follow-on pleadings follow the applicable timeframes for those particular filings. So the statement is not correct.

The timing issue here comes from how Rule 5 deals with service and filing after the initial complaint. There isn’t a blanket rule that all pleadings filed after the complaint must be filed within five days after service. Instead, the time to respond to pleadings and to file subsequent pleadings is governed by Rule 6 (which sets out the periods for responding to pleadings and adds extra days if service is by certain methods, like mail) and by any court orders or the specific pleading’s requirements. In practice, the usual response to a complaint is not a fixed five-day window; it’s a longer period (commonly 30 days from service, with extensions if service was by mail, etc.), and any follow-on pleadings follow the applicable timeframes for those particular filings. So the statement is not correct.