Civ Pro Timelines

Question 1

Initial removal

Answer 1

30 days after service of the first paper that shows the case is removable

Question 2

Upper limit for removal of diversity case

Answer 2

1 year

Question 3

Remand

Answer 3

30 days after filling of removal

Question 4

To return request to waive service of process

Answer 4

30 days from date form was mailed (+3 days for mail)

Question 5

Most appeals

Answer 5

30 days of entry of judgment

Question 6

Parties must give detailed information about trial evidence (witnesses, ESI, etc)

Answer 6

No later than 30 days before trial

Question 7

Interrogatories must be answered

Answer 7

Within 30 days from their service

Question 8

Disclosing party must respond to request to produce

Answer 8

Within 30 days of service

Question 9

Responding party must respond to request for admission

Answer 9

Within 30 days of service

Question 10

Any party can move for summary judgment

Answer 10

No later than 30 days after close of discovery

Question 11

Answer complaint or file 12(b) motion

Answer 11

Within 21 days of being served

Question 12

Answer complaint or file 12(b) motion, if D waived service of process

Answer 12

Within 60 days (+30 if outside U.S.) of being served

Question 13

P’s right to amend complaint as a matter of course

Answer 13

Within 21 days of D’s response (answer or motion) (P can only amend once)
(Note that P can motion to amend with no absolute time period - court may freely grant motions to amend when justice so requires.)
(Additionally, for statute of limitations purposes, proposed claims may be considered to “relate back” to the date of the original pleading in which the claim was made under Rule 15(c).)

Question 14

D’s right to amend answer

Answer 14

Within 21 days of D serving initial answer. D can add waivable defenses or affirmative defenses during this time. D can only amend once.

Question 15

Safe harbor provision

Answer 15

Party in violation of Rule 11 has 21 days in which to fix the problem and avoid sanctions.

Question 16

Respond to counterclaim

Answer 16

P has 21 days from service of CC to respond

Question 17

Entry of default (or default judgment)

Answer 17

Clerk may enter when D has not responded to complaint within 21 days after being served process

Question 18

“Meet and confer”/Rule 26(f) conference

Answer 18

At least 21 days before court’s scheduling order, parties meet and confer to discuss discovery plan

Question 19

Parties present discovery plan to court

Answer 19

No more than 14 days after Rule 26(f) conference

Question 20

If D’s Rule 12(b) motion is denied

Answer 20

D has 14 days from notice of denial to serve answer

Question 21

Right to implead 3rd party without court permission

Answer 21

Within 14 days of serving answer

Question 22

Each party must make initial disclosures (Id of witnesses, documents and things parties will use to support claims)

Answer 22

Within 14 days of Rule 26(f) conference

Question 23

Duration of TRO

Answer 23

No more than 14 days (court may make it less)

Question 24

TRO extension

Answer 24

No more than an additional 14 days (28 TOTAL, and court may treat a TRO of this length as a preliminary injunction - meaning it may be appealed)

Question 25

Renewal of Judgment as Matter of Law (RJMOL)

Answer 25

Within 28 days of entry of judgment

Question 26

Motion for new trial

Answer 26

Within 28 days of entry of judgment

Question 27

File jury demand

Answer 27

14 days after last pleading directed
to the jury triable issue is served

Question 28

Appeal class action certification or denial

Answer 28

Within 14 days of the order certifying or denying certification

Question 29

When service must take place

Answer 29

Within 90 days of filing complaint (but may be extended for good cause)