Civ Pro Timelines Flashcards
Initial removal
30 days after service of the first paper that shows the case is removable
Upper limit for removal of diversity case
1 year
Remand
30 days after filling of removal
To return request to waive service of process
30 days from date form was mailed (+3 days for mail)
Most appeals
30 days of entry of judgment
Parties must give detailed information about trial evidence (witnesses, ESI, etc)
No later than 30 days before trial
Interrogatories must be answered
Within 30 days from their service
Disclosing party must respond to request to produce
Within 30 days of service
Responding party must respond to request for admission
Within 30 days of service
Any party can move for summary judgment
No later than 30 days after close of discovery
Answer complaint or file 12(b) motion
Within 21 days of being served
Answer complaint or file 12(b) motion, if D waived service of process
Within 60 days (+30 if outside U.S.) of being served
P’s right to amend complaint as a matter of course
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).)
D’s right to amend answer
Within 21 days of D serving initial answer. D can add waivable defenses or affirmative defenses during this time. D can only amend once.
Safe harbor provision
Party in violation of Rule 11 has 21 days in which to fix the problem and avoid sanctions.
Respond to counterclaim
P has 21 days from service of CC to respond
Entry of default (or default judgment)
Clerk may enter when D has not responded to complaint within 21 days after being served process
“Meet and confer”/Rule 26(f) conference
At least 21 days before court’s scheduling order, parties meet and confer to discuss discovery plan
Parties present discovery plan to court
No more than 14 days after Rule 26(f) conference
If D’s Rule 12(b) motion is denied
D has 14 days from notice of denial to serve answer
Right to implead 3rd party without court permission
Within 14 days of serving answer
Each party must make initial disclosures (Id of witnesses, documents and things parties will use to support claims)
Within 14 days of Rule 26(f) conference
Duration of TRO
No more than 14 days (court may make it less)
TRO extension
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)
Renewal of Judgment as Matter of Law (RJMOL)
Within 28 days of entry of judgment
Motion for new trial
Within 28 days of entry of judgment
File jury demand
14 days after last pleading directed
to the jury triable issue is served
Appeal class action certification or denial
Within 14 days of the order certifying or denying certification
When service must take place
Within 90 days of filing complaint (but may be extended for good cause)
