The document discusses two motions: 1) A motion for a bill of particulars was denied, requiring the movant to file an answer within the time period prescribed by Rule 11, but no less than 5 days after receiving notice of the denial. 2) A motion for amendment as a matter of right was denied, with the movant seeking a writ of mandamus under Rule 65 sec. 3 on the basis that allowing the amendment is a ministerial duty of the court.
The document discusses two motions: 1) A motion for a bill of particulars was denied, requiring the movant to file an answer within the time period prescribed by Rule 11, but no less than 5 days after receiving notice of the denial. 2) A motion for amendment as a matter of right was denied, with the movant seeking a writ of mandamus under Rule 65 sec. 3 on the basis that allowing the amendment is a ministerial duty of the court.
The document discusses two motions: 1) A motion for a bill of particulars was denied, requiring the movant to file an answer within the time period prescribed by Rule 11, but no less than 5 days after receiving notice of the denial. 2) A motion for amendment as a matter of right was denied, with the movant seeking a writ of mandamus under Rule 65 sec. 3 on the basis that allowing the amendment is a ministerial duty of the court.
Denial: Movant shall file his answer within the period prescribed by rule 11 to which he is entitled at the time of serving his motion, but not less than 5 days in any event, computed from his receipt of the notice of denial 16. Amendment as a matter of Right Denial: Mandamus under Rule 65 sec. 3 since it is a ministerial duty on the part of the court to allow the amendment on the pleading