Civ Pro Timelines Flashcards
Removal Notice
30 days after P served initial pleading
Removal Notice (DJ)
1 year after action commenced (unless bad faith)
Remand
For SMJ - before final judgement
Removal for other defects - within 30 days after filing notice of removal
Service
90 days after filing complaint
Time to answer pleading
21 days
Waiver of service
Need to return request 30 days after request sent
If service waived?
Answer time extended to 60 days (90 if foreign)
temporary restraining order?
effective for 14 days, unless good cause or consent of adversary
Motion to dissolve TRO
if issued without notice, adverse party must give 2 days notice of intent to file
Preliminary injunction
Prior to full hearing on the merits
Permanent Injunction
Permanent until dissolved
- BUT affected persons may move for modification or dissolution
Motions against complaint
21 days
12(b)(6)
raise in pre-answer motion or motion - otherwise waived
Judgement on pleadings
21 days
Motion for more definite statement
21 days
Motion to strike
21 days
Amending motion
21 days of responsive pleading, once as of right
Answer
21 days after service, 60 days if D timely waived service
Response by P to D’s answer
21 days after service, 60 days if D timely waived service
New party in amendment/relation back
new party needs 90 days notice after original complaint filed
Response to amendment
14 days after service, or time left on original pleading (whichever is later)
Counterclaims
21 days after service
Cross-claims
21 days after service
Impleader
Any time after complaint filed, but if more than 14 days after original complaint then you need court permission
Initial disclosure (Discovery)
14 days after parties’ discovery conference
Expert testimony disclosure
90 days before trial or 30 days after disclosure of evidence
pretrial disclosures (witness list by testimony or deposition, documents, and exhbits
30 days before trial
Objections to pretrial disclosures
14 days after disclosure
discovery conference
21 days before scheduling
request to produce documents
30 days after service with request, or 30 days from 26(f) conference
default judgement
when party fails to defend or 7 days if D has appeared
summary judgement
30 days after discovery closed
jury demand
14 days after last pleading
JMOL
before submissions to the jury
JNOV (renewed JMOL)
28 days after entry of judgement
motion to amend or make additional findings
28 days after entry of judgement
relief from judgement or order
reasonable time not to exceed one year
filing an answer after response received for pre-answer motion
14 days
