Civ Pro Timing Requirements Flashcards
Timing: P’s Service of Process
90 days of filing complaint
Timing: D’s Removal
30 days after service of process. (Begins anew with each new D)
Timing: P’s Remand
- If no SMJ, no time limit
2. Otherwise, 30 days after filing of notice of removal
Timing: Response
Federal: 21 days after service of process
CA: 30 days
Timing: Amended Pleadings
P = 21 days after D serves first Rule 12 response D = 21 days after D serves her Answer
Timing: P’s Response to Counterclaim
21 days
Timing: D Impleader
14 days of serving Answer
Timing: Initial Required Disclosures
14 days after Rule 26(f) conference
Timing: Required Pre-Trial Disclosure
No later than 30 days before trial
Timing: Response to Interrogatory
30 days from service (plus three days if they were mailed)
Timing: Response to Request to Produce
30 days after receipt - must be in writing
Timing: Response to Request for Admission
30 days after service - must be in writing
Timing: Effect of TRO
14 days, can be extended for add’l 14 days - then becomes Prelim Inj
Timing: Motion for Summary Judgment
30 days after the end of discovery
Timing: Rule 26(f) Conference
At least 21 days before scheduling order
Timing: Discovery Plan following Rule 26(f) Conference
14 days after conference
Timing: Demand for Jury
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
Timing: Federal Motion for Judgment as a Matter of Law // CA Motion for Judgment Notwithstanding the Verdict
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
Timing: Renewed Motion for Judgment as a Matter of Law
28 days AFTER entry of judgment
Timing: Motion for New Trial
28 days AFTER entry of judgment
Timing: Offer of Judgment
14 days BEFORE trial
Timing: Notice of Appeal
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
CA Timing: D’s Response to Service by Mail
20 days after receipt
CA Timing: Provide Statement of Damages
15 days after receipt of request for Statement of Damages
CA Timing: Meeting Before Filing Demurrer
At least 5 days
CA Timing: Motion to Quash Service of Summons
- Before or with Demurrer, Answer, or Motion to Strike
- If Denied, D must plead (Answer or Motion to Strike) within 15 days
CA Timing: Cross-Complaint
30 days of when service is effective
CA Timing: P’s Court Order to Take Discovery
P must seek within (i) 10 days after service of process or (ii) 20 days if seeking to take deposition
CA Timing: How long before court can enter default or default judgment?
30 days from effective date of service of process
