How long do parties have to respond to pleadings?

In Delaware, parties have 20 days to respond to pleadings. The response must be filed with the court as well as a copy sent to the other side. It is important to note that the 20-day period starts from the day after the pleading is served. This means that the clock starts ticking from the day after the party receives the pleading, not from the day it is filed with the court. The responding party must file either an Answer, admission, or other pleading such as a motion to dismiss. If an Answer is filed, the party has 15 days to file a reply to the Answer. A response to a Motion to Dismiss is due within 10 days. If a party does not respond timely, they may be subject to sanctions. Delaware Parties may also request additional time to respond to pleadings. This must be done prior to the expiration of the original 20-day period. Parties may request an extension of time from the court, and the court may grant the extension. If the court agrees to the extension, the parties will have the additional time to respond to the pleadings. It is important that parties respond to pleadings in a timely manner. Failure to do so can lead to unfavorable consequences such as sanctions or dismissal of the case. Parties should contact an attorney if additional help is needed to understand the rules of Civil Procedure in Delaware.

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