Crucial Exams

Multistate Bar Examination Practice Question

A plaintiff has filed a lawsuit, and in response, the defendant has submitted a motion to dismiss for failure to state a claim. What is the appropriate next step for the plaintiff to address this motion under the FRCP?

  • Request the court to enter a default judgment against the defendant.

  • File a motion for an extension of time to respond to the motion to dismiss.

  • Proceed to discovery without addressing the motion to dismiss.

  • File an amended complaint within the time frame set by the court or the applicable rules.

Multistate Bar Examination
Civil Procedure
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