Deadlines Flashcards
Answer/rule 12 response
within 21 days of service
Implead
right to implead within 14 days of serving answer
Service of party in the US
90 days after filing complaint
U.S. D submission of waiver form
Within 30 days
Foreign D submission of waiver form
Within 60 days
Service by mail
3 extra days to respond to the pleading
Motion for removal to federal court
Within 30 days of service of the first paper showing case is removable (usually service of process)
Motion to remand
Within 30 days after filing of the notice of removal
P’s right to amend complaint
Within 21 days after D served first rule 12 response
D’s right to amend answer
Within 21 days after serving answer
Relation back to change a D
D must have known w/i 90 days of filing (other requirements apply)
Safe harbor for Rule 11 motion
Give violating party 21 days to fix document. Does not apply to sua sponte Rule 11 motions
Initial Disclosures
Within 14 days of the Rule 26(f) conference.
Period of effectiveness of TRO
No more than 14 days or less if stated by the court
Period of TRO extension
Up to 14 more days
Motion for Summary Judgment
30 days after the close of discovery
Scheduling conference
At least 21 days before the schedulong order
Detailed discovery plan
presented to the court no later than 14 days after the conference
Jury right assertment
Must demand in writing no later than 14 days after service of the last pleading addressing a jury triable issue. (usually the answer)
When parties submit proposed jury instructions
At the close of all evidence, or earlier if the court says so
When motion for JMOL is made
After the other side has been heard at trial.
When a renewed motion for JMOL is made
After judgment
Deadline for RJMOL
28 days after entry of judgment
Deadline for Motion for a new trial
28 days after judgment
Written offer deadline
14 days before trial
Appeal
30 days after entry of judgement
Deadline to challenge class action certification grant/denial
Within 14 days of the order
