The State of the Law: Responsive Pleading, and Motions to Compel Arbitration

摘要

An often-overlooked conflict resolution problem is whether a defendant's filing in federal court of a motion to compel arbitration constitutes a responsive pleading, so no further pleading is required.Federal Rule of Civil Procedure 12, which addresses responsive pleadings and defense motions, is silent on the issue.The significance is, of course, whether the defendant must also file an answer or motion under Rule 12, thereby potentially giving the plaintiff added information or wasting valuable time and court resources.