Civ Pro Deadlines Flashcards
D has ____ days after service of process to file an answer.
21
⚠️ If D waived service, answer is due within 60 days after request for waiver was sent, or within 90 days after it was sent to D outside any judicial district of the United States.If D is the United States or a US employee, answer is due within 60 days.
What is the deadline for filing 12(b) motions if responsive pleading is allowed?
Before the answer
What is a 12(c) motion and the deadline for filing?
Motion for judgment on the pleadings. Court reviews all pleadings when deciding whether to grant the motion.Filed after D files answer.
When can a party amend its pleading as a matter of course?
- Parties may amend pleadings once as a matter of course within 21 days of service of process.2. If responsive pleading required, can amend within 21 days after either responsive pleading or pre-answer motion (whichever came first).
A party has ___ days to respond to an amended pleading
14 days after service of the amended pleading or the time remaining for response to the original pleading (unless the court orders otherwise).
When do amendments adding parties“relate back”?
If: 1. Amendment arises out of the same conduct, transaction, or occurence as the original pleading; and 2. Within 90 days after the complaint is filed, the new D: 1. Received notice & will not be prejudiced; and 2. Knew or should have known that the action would have been brought but for a mistake concerning the proper party’s identity (i.e. the suit was foreseeable)
