Civ Pro Timing Requirements

Question 1

Timing: P’s Service of Process

Answer 1

90 days of filing complaint

Question 2

Timing: D’s Removal

Answer 2

30 days after service of process. (Begins anew with each new D)

Question 3

Timing: P’s Remand

Answer 3

1. If no SMJ, no time limit

2. Otherwise, 30 days after filing of notice of removal

Question 4

Timing: Response

Answer 4

Federal: 21 days after service of process
CA: 30 days

Question 5

Timing: Amended Pleadings

Answer 5

P = 21 days after D serves first Rule 12 response
D = 21 days after D serves her Answer

Question 6

Timing: P’s Response to Counterclaim

Answer 6

21 days

Question 7

Timing: D Impleader

Answer 7

14 days of serving Answer

Question 8

Timing: Initial Required Disclosures

Answer 8

14 days after Rule 26(f) conference

Question 9

Timing: Required Pre-Trial Disclosure

Answer 9

No later than 30 days before trial

Question 10

Timing: Response to Interrogatory

Answer 10

30 days from service (plus three days if they were mailed)

Question 11

Timing: Response to Request to Produce

Answer 11

30 days after receipt - must be in writing

Question 12

Timing: Response to Request for Admission

Answer 12

30 days after service - must be in writing

Question 13

Timing: Effect of TRO

Answer 13

14 days, can be extended for add’l 14 days - then becomes Prelim Inj

Question 14

Timing: Motion for Summary Judgment

Answer 14

30 days after the end of discovery

Question 15

Timing: Rule 26(f) Conference

Answer 15

At least 21 days before scheduling order

Question 16

Timing: Discovery Plan following Rule 26(f) Conference

Answer 16

14 days after conference

Question 17

Timing: Demand for Jury

Answer 17

Federal: 14 days after service of last pleading addressing a jury-triable issue
CA: Anytime before case set for trial, or within 5 days after notice of the setting of trial

Question 18

Timing: Federal Motion for Judgment as a Matter of Law // CA Motion for Judgment Notwithstanding the Verdict

Answer 18

Fed: After the other side has been heard at trial
CA: earlier of (i) 15 days after mailing/notice of entry of judgment and (ii) 180 days after entry of judgment

Question 19

Timing: Renewed Motion for Judgment as a Matter of Law

Answer 19

28 days AFTER entry of judgment

Question 20

Timing: Motion for New Trial

Answer 20

28 days AFTER entry of judgment

Question 21

Timing: Offer of Judgment

Answer 21

14 days BEFORE trial

Question 22

Timing: Notice of Appeal

Answer 22

Federal: 30 days after entry of judgment (but 14 days for class actions)
CA: either (i) 60 days after mailing/service of process of notice of entry of judgement or (ii) 180 days after entry of judgement if no notice is served

Question 23

CA Timing: D’s Response to Service by Mail

Answer 23

20 days after receipt

Question 24

CA Timing: Provide Statement of Damages

Answer 24

15 days after receipt of request for Statement of Damages

Question 25

CA Timing: Meeting Before Filing Demurrer

Answer 25

At least 5 days

Question 26

CA Timing: Motion to Quash Service of Summons

Answer 26

• Before or with Demurrer, Answer, or Motion to Strike

- If Denied, D must plead (Answer or Motion to Strike) within 15 days

Question 27

CA Timing: Cross-Complaint

Answer 27

30 days of when service is effective

Question 28

CA Timing: P’s Court Order to Take Discovery

Answer 28

P must seek within (i) 10 days after service of process or (ii) 20 days if seeking to take deposition

Question 29

CA Timing: How long before court can enter default or default judgment?

Answer 29

30 days from effective date of service of process