Short answer. Yes. Section 5 of Rule 12 lets the moving party file their responsive pleading, after service of the bill of particulars or notice of denial, within the period they were originally entitled to at the time they filed the motion — with a minimum of five calendar days guaranteed.

What the law says

After service of the bill of particulars or of a more definite pleading, or after notice of denial of his or her motion, the moving party may file his or her responsive pleading within the period to which he or she was entitled at the time of filing his or her motion, which shall not be less than five calendar days in any event.

Rule 12, Section 5 — Stay of period to file responsive pleading. Read the full provision →

The pause and its restart

Section 5 addresses what happens to the moving party's own deadline to respond while their motion for a bill of particulars is pending. The period effectively pauses: the moving party may file their responsive pleading only after service of the bill of particulars or of a more definite pleading, or after notice of denial of the motion — meaning the clock resumes once the motion is resolved one way or the other, rather than continuing to run while the motion is pending.

How much time resumes

Once the motion is resolved, the moving party gets to file their responsive pleading within the period to which he or she was entitled at the time of filing his or her motion. This restores whatever portion of the original answer period remained unused when the motion was filed, rather than starting an entirely fresh countdown or, conversely, leaving the party with whatever time happens to be left on some running clock.

The five-day floor

Section 5 adds a protective minimum: the resulting period shall not be less than five calendar days in any event. This ensures that even if very little of the original answer period remained when the motion for a bill of particulars was filed, the moving party is still guaranteed at least five calendar days to prepare and file their responsive pleading once the motion is resolved.

Why the rule pauses rather than resets the clock

Restoring only the unused portion of the original period, rather than granting an entirely fresh answer period once the motion is resolved, keeps the incentive structure balanced. A defendant who files a bill-of-particulars motion very late, with little time left to answer, does not get rewarded with a brand-new full period; they mainly get the five-calendar-day floor. A defendant who files early, with most of the answer period still running, gets that larger remainder back once the bill of particulars is served or the motion is denied.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.