Civ Pro Timelines

Question 1

Removal Notice

Answer 1

30 days after P served initial pleading

Question 2

Removal Notice (DJ)

Answer 2

1 year after action commenced (unless bad faith)

Question 3

Remand

Answer 3

For SMJ - before final judgement

Removal for other defects - within 30 days after filing notice of removal

Question 4

Service

Answer 4

90 days after filing complaint

Question 5

Time to answer pleading

Answer 5

21 days

Question 6

Waiver of service

Answer 6

Need to return request 30 days after request sent

Question 7

If service waived?

Answer 7

Answer time extended to 60 days (90 if foreign)

Question 8

temporary restraining order?

Answer 8

effective for 14 days, unless good cause or consent of adversary

Question 9

Motion to dissolve TRO

Answer 9

if issued without notice, adverse party must give 2 days notice of intent to file

Question 10

Preliminary injunction

Answer 10

Prior to full hearing on the merits

Question 11

Permanent Injunction

Answer 11

Permanent until dissolved

- BUT affected persons may move for modification or dissolution

Question 12

Motions against complaint

Answer 12

21 days

Question 13

12(b)(6)

Answer 13

raise in pre-answer motion or motion - otherwise waived

Question 14

Judgement on pleadings

Answer 14

21 days

Question 15

Motion for more definite statement

Answer 15

21 days

Question 16

Motion to strike

Answer 16

21 days

Question 17

Amending motion

Answer 17

21 days of responsive pleading, once as of right

Question 18

Answer

Answer 18

21 days after service, 60 days if D timely waived service

Question 19

Response by P to D’s answer

Answer 19

21 days after service, 60 days if D timely waived service

Question 20

New party in amendment/relation back

Answer 20

new party needs 90 days notice after original complaint filed

Question 21

Response to amendment

Answer 21

14 days after service, or time left on original pleading (whichever is later)

Question 22

Counterclaims

Answer 22

21 days after service

Question 23

Cross-claims

Answer 23

21 days after service

Question 24

Impleader

Answer 24

Any time after complaint filed, but if more than 14 days after original complaint then you need court permission

Question 25

Initial disclosure (Discovery)

Answer 25

14 days after parties’ discovery conference

Question 26

Expert testimony disclosure

Answer 26

90 days before trial or 30 days after disclosure of evidence

Question 27

pretrial disclosures (witness list by testimony or deposition, documents, and exhbits

Answer 27

30 days before trial

Question 28

Objections to pretrial disclosures

Answer 28

14 days after disclosure

Question 29

discovery conference

Answer 29

21 days before scheduling

Question 30

request to produce documents

Answer 30

30 days after service with request, or 30 days from 26(f) conference

Question 31

default judgement

Answer 31

when party fails to defend or 7 days if D has appeared

Question 32

summary judgement

Answer 32

30 days after discovery closed

Question 33

jury demand

Answer 33

14 days after last pleading

Question 34

JMOL

Answer 34

before submissions to the jury

Question 35

JNOV (renewed JMOL)

Answer 35

28 days after entry of judgement

Question 36

motion to amend or make additional findings

Answer 36

28 days after entry of judgement

Question 37

relief from judgement or order

Answer 37

reasonable time not to exceed one year

Question 38

filing an answer after response received for pre-answer motion

Answer 38

14 days