Deadlines

Question 1

Motion for Default Judgment

Answer 1

7 days before hearing for notice to be sent to P

Question 2

TRO

Answer 2

14 days; – time that a TRO lasts: (2 TROs remember convert to a preliminary injunction, granting/denying a preliminary
injunction is grounds for an immediate appeal)

Question 3

D to File Answer following denied pre-answer motion

Answer 3

after receiving notice that court denied pre-answer motion (i.e., motion to dismiss, motion to strike, or motion for more definite statement)

Question 4

P /D to Respond to an Amended Pleading

Answer 4

14 days to respond or remaining time to respond to original pleading, whichever is later

Question 5

To File Cross Claim or Counterclaim

Answer 5

14 days

Question 6

File Third Party Complaint

Answer 6

14 days; – Δ sues a third party not yet in the suit

Question 7

Initial Disclosures

Answer 7

due at or 14 days after Rule 26(f) conference (unless court sets a different date), latest deadline is 21 days before scheduling conference

Question 8

Objections to Pre-trial Disclosures

Answer 8

14 days; or waived if no objection

Question 9

Discovery Plan

Answer 9

due 14 days after Rule 26(f) conference

Question 10

Demand Jury Trial

Answer 10

14 days after service of the last pleading directed to the issue

Question 11

21 Days

Answer 11

π - Amend Pleadings (Complaint/Answer) as a matter of right (i.e., without court’s permission or opposing party consent)
Δ - File Pre-Answer Motion
Δ - File Answer, if no pre-answer motion
File Answer to Complaint, Counterclaim, Crossclaim
Rule 11 Sanctions Safe Harbor – send motion to opposing party explaining problem doc and wait 21 days for cure
Latest deadline for Initial Disclosures – 21 days before scheduling conference (if they were not filed at Rule 26(f) conference
or within 14 days of the conference).

Question 12

28 Days

Answer 12

Renewed JMOL, if JMOL was filed timely before case went to the jury; same issues in Renewed JMOL as JMOL
Motion for New Trial
Motion to Alter or Amend Judgment

Question 13

30 Days

Answer 13

Notice of Removal – 30 days for Δ to file notice of removal to federal court after case becomes removable (usually this is
after being served with the summons and complaint)
File Motion to Remand after being served with notice of removal (because removal to federal court was improper)
File most Responses to Discovery, i.e., Interrogatories, Request for Production of Documents, Request for Admissions –
discovery phase
Motion for Summary Judgment – latest time to file is 30 days after close of discovery, but can be filed at anytime
Pre-Trial Disclosures – must be filed at least 30 days before trial
Rebuttal Expert Disclosure – file rebuttal expert disclosure 30 days from date that opposing party disclosed its expert
File Appeal – 30 days from date of judgment to file notice of appeal

Question 14

60 DAYS

Answer 14

Answer to Complaint, if defendant waived domestic service

Question 15

90 days

Answer 15

Service of summons and complaint (process) – if in the US
Answer to Complaint, if served overseas
Notice to a New Party under Relation Back Rule – 90 days to give notice to new party of being adding to suit for relation
back to work and allow the filing date of the original complaint to apply to this new defendant that is being added
Disclose Experts Before Trial

Question 16

1 YEAR

Answer 16

Removal Based on Diversity – no removal based on diversity jurisdiction after 1 year
Motion for Relief from Judgment for: (i) mistake, inadvertence, surprise, excusable neglect, (ii) new evidence that could not
have been discovered before motion for new trial deadline, (iii) fraud, misrepresentation, opposing party misconduct.
Reasonable time for other grounds – see “Reasonable Time” below

Question 17

BEFORE CASE IS SUBMITTED TO JURY

Answer 17

judgment as a matter of law, sometimes called a motion for a directed verdict

Question 18

REASONABLE TIME

Answer 18

Motion for Relief from Judgment: (iv) judgment is void, (v) judgment is based on a prior judgment that is vacated or
reversed, (vi) judgment satisfied, released, or discharge, (vii) any other reason that justifies relief. 1 year for other grounds –
see “1 year” above

Question 19

Anytime

Answer 19

Motion for Summary Judgment – can be filed anytime but latest is 30 days after discovery closes

Question 20

AS SOON AS PRACTICABLE

Answer 20

Rule 26(f) conference – Conference must take place “as soon as practicable. Discovery can start after this conference