Deadlines

Question 1

Notice of removal

Answer 1

A defendant who wants to remove a state court action to federal district court generally must file a notice of removal with the district court:

• within 30 days of receipt by or service on that defendant of the initial pleading or summons;
• if the case stated by the initial pleading was not removable, within 30 days after receipt by the defendant—through service or otherwise, of a copy of any paper (e.g., amending pleading, motion, or order) from which it may first be ascertained that the case is one which is or has become removable.

Question 2

Notice of removal: demand for a jury trial

Answer 2

Once the action is removed to federal court, the removing party, if seeking a jury trial, must file the demand within 14 days of filing for removal or risk losing the right.

Similarly, the non-removing party also has 14 days to file, but the countdown begins after service of notice of removal.

Question 3

Motion to remand

Answer 3

A party must make any motion to remand the case on the basis of any defect—other than lack of subject matter jurisdiction—within 30 days after the filing of the notice of removal.

Question 4

Computing time limits

Answer 4

Under Rule 6(a)(1), whenever a time period is stated in days:

• the period excludes the day of the event that triggers the period, but
• it includes every day following, including intervening Saturdays, Sundays, and legal holidays.

If the last day of the period is a Saturday, Sunday, or legal holiday, then the period is extended to include the next non-weekend or non-holiday day.

Question 5

Motion and notice of a hearing

Answer 5

A written motion and notice of a hearing must be served at least 14 days prior to the hearing, unless:

(i) the motion can be heard ex parte,
(ii) the Rules provide for it, or
(iii) the court orders otherwise.

An opposing affidavit must be served at least seven days before the hearing, unless otherwise ordered.

Question 6

Service of process

Answer 6

Unless service is made in a foreign country, the plaintiff must serve the summons and complaint within 90 days after filing the complaint.

• If, however, the plaintiff shows “good cause” why service was not timely made, then the court must extend the time for service for an appropriate period.
• If no such showing is made, then the court, on motion or on its own after notice to the plaintiff, must:(a) dismiss the action without prejudice against that defendant or
  (b) order that service be made within a specified time.

Question 7

Service of process: request for waiver

Answer 7

The plaintiff’s notice and request for waiver of service must give the defendant a reasonable time of at 30 days after the request was sent—or at least 60 days if sent to a foreign defendant—to return the waiver.

Question 8

Service of process: effect of a waiver

Answer 8

If a defendant timely returns a waiver of service before being served with process, then the defendant does not have to serve an answer to the complaint:

• Until 60 days after the request was sent; or
• Until 90 days after it was sent to a defendant outside of the United States.

By contrast, the normal time period in which an answer must be served is 21 days after service of process.

Question 9

Service of process: defendant’s response

Answer 9

A defendant must respond to a complaint either:

• by an answer or by a pre-answer motion within 21 days of service of process, unless service was waived; or
• she must seek additional time to answer.

Question 10

Motion for a more definite statement

Answer 10

The party must make a motion for a more definite statement before filing a responsive pleading.

The court may strike a party’s pleading if the party fails to respond to a court order granting this motion within 14 days of the notice of the order.

Question 11

Motion to strike

Answer 11

When a responsive pleading is permitted, the responding party must move to strike prior to responding to such a pleading.

When no responsive pleading is permitted, the party must make a motion to strike within 21 days after service of the pleading.

Question 12

Rule 12 motion

Answer 12

When a motion is made under Rule 12, a defendant will not have to file an answer while the motion is pending.

If the court denies or postpones disposition of the motion until a trial on the merits, then the answer must be served within 14 days after notice of the court’s action. Rule 12(a)(4)(A).

If the court grants a motion for a more definite statement under Rule 12(e), then the answer must be served within 14 days after service of the more definite statement.

Question 13

Reply

Answer 13

In general, a party must serve a reply to an answer within 21 days after being served with an order to reply, unless the order specifies a different time. Rule 12(a)(1)(C).

Question 14

Amendment as of right

Answer 14

A party may amend a pleading once as of right:

• within 21 days if no responsive pleading is required; or,
• if a responsive pleading is required, within 21 days of the earlier of:(a) service of the responsive pleading or
  (b) being served with a motion under Rule 12(b).

Question 15

Response to an amended pleading

Answer 15

Unless the court orders otherwise, a party must respond to an amended pleading within the later of :

• 14 days after service of the amended pleading; or
• the time remaining for response to the original pleading.

Question 16

Deadline to withdraw or correct a challenged pleading

Answer 16

Upon service of motion for sanctions, the opposing party must withdraw or correct the challenged pleading within 21 days to invoke the safe harbor from sanctions.

After the safe harbor period, the party seeking sanctions may then file the motion with the court.

Question 17

Answer to counterclaims or crossclaims

Answer 17

A party must serve an answer to a counterclaim or cross-claim within 21 days of service.

Question 18

Impleader

Answer 18

The third-party plaintiff (i.e., the defending party in the original action) must obtain the court’s permission if she files a third-party complaint more than 14 days after service of her original answer.

Question 19

Mandatory disclosures

Answer 19

Prior to trial, the parties must make:

(1) Initial disclosures at or within 14 days after the parties’ Rule 26(f) discovery conference;
(2) Disclosures of expert testimony

• at least 90 days before trial; but
• if solely intended to contradict or rebut the opposing party’s expert evidence on the same subject matter, within 30 days after the other party’s disclosure;

(3) Pretrial disclosures 30 days before trial, unless the court orders otherwise.

Question 20

Mandatory disclosures: objections

Answer 20

Within 14 days after the disclosures are made, unless the court sets a different time, a party may serve and promptly file objections to:

(1) the use of the depositions at trial; and
(2) the admissibility of disclosed documents and exhibits.

If an objection is not made at this point, then it will be waived:

(1) unless excused by the court for good cause or
(2) unless the objection relates to relevancy, prejudice, or confusion pursuant to Rules 402 and 403 of the Federal Rules of Evidence.

Question 21

Discovery plan

Answer 21

The attorneys of record and all unrepresented parties who have appeared in the case are jointly responsible for:

(1) arranging the discovery conference;
(2) for attempting in good faith to agree on the proposed discovery plan; and
(3) for submitting to the court within 14 days after the conference a written report outlining the plan.

Question 22

Response to interrogatories

Answer 22

The responding party must serve its answers and any objections within 30 days after being served with the interrogatories. The court may order or the parties may stipulate to a shorter or longer time. Rule 33(b)(4).

Question 23

Requests to produce documents and inspect land

Answer 23

The party to whom the request is directed must respond in writing:

(a) Within 30 days after being served; or
(b) Within 30 days after the parties’ first rule 26(f) conference, if the request was served prior to that conference,

unless a shorter or longer time is stipulated by the parties or ordered by the court.

Question 24

Requests for admission

Answer 24

A matter will be admitted unless, within 30 days after being served, the party to whom the request is directed serves on the requesting party a written answer or objection addressed to the matter and signed by the party or her attorney.

Question 25

Default judgment hearing

Answer 25

If the party against whom a default judgment is sought has appeared personally or by a representative, that party or its representative must be served with written notice of the application at least seven days before the hearing.

Question 26

Summary judgment

Answer 26

Unless a different time is set by local rule, under Rule 56(b), a party may file a motion for summary judgment at any time until 30 days after the close of all discovery.

Question 27

Demand for a trial by jury

Answer 27

A demand for a trial by jury must be served within 14 days after service of the last pleading directed to the issue that is sought to be tried by a jury.

A party waives a jury trial unless her demand is properly served and filed.

Question 28

Demand for a trial by jury: demand on some issues

Answer 28

If a party requests a jury trial for only some issues triable by a jury, then any other party may serve a jury trial demand on any or all remaining issues that are triable by a jury.

This party must file its demand within 14 days of being served with the earlier jury trial demand or any shorter time set by the court.

Question 29

Renewed motion for judgment as a matter of law

Answer 29

The movant may file a renewed motion for judgment as a matter of law no later than 28 days after the entry of judgment.

If the motion addresses a jury issue not decided by a verdict, then the renewed motion must be filed no later than 28 days after the jury was discharged.

Question 30

Costs

Answer 30

Unless a federal statute, rule, or court order provides otherwise, the prevailing party is allowed court costs, other than attorney’s fees, without needing to file a motion.

The court clerk may tax costs on 14 days’ notice.

A party may challenge the clerk’s action by serving a motion within seven days. Rule 54(d)(1).

Question 31

Costs: settlement offers

Answer 31

By serving on an opposing party an offer to allow judgment on specified terms at least 14 days prior to the date set for trial, a defending party may limit such costs to the costs then accrued if the opposing party does not accept the offer and the judgment is less favorable to the opposing party than the offer.

Question 32

Attorney’s fees

Answer 32

Unless a statute or court order provides otherwise, a claim for attorney’s fees that is not required by law to be proved at trial as an element of damages must be made by a motion filed within 14 days after entry of judgment.

Question 33

Motion to amend or make additional findings

Answer 33

In a nonjury trial, a party may make a motion for the court to amend its findings or to make additional findings.

This motion must be made within 28 days of the entry of judgment and may be combined with a new trial motion. Rule 52(b).

Question 34

Motion to alter or amend a judgment

Answer 34

A party may make a motion for the court to alter or amend a judgment. This motion must be made within 28 days of the entry of the judgment. Rule 59(e).

Question 35

Motion for a new trial

Answer 35

Pursuant to Rule 59(b), a motion for a new trial must be filed no later than 28 days after the entry of judgment.

When the motion is based on affidavits, those affidavits must be filed with the motion. The opposing party then has 14 days after being served to file opposing affidavits. The court may permit reply affidavits. Rule 59(c).

Question 36

Notice of appeal

Answer 36

The notice of appeal required in a civil case must generally be filed with the district clerk within 30 days after the judgment or order being appealed is entered.

Question 37

Notice of appeal: United States as a party

Answer 37

The period for notice of appeal is extended to 60 days if one of the parties is:

(a) the United States;
(b) a federal agency; or
(c) a federal officer or employee:
(i) sued in an official capacity; or
(ii) sued in an individual capacity for conduct occurring in connection with the duties performed on behalf of the United States

Question 38

Notice of appeal: post-trial motions

Answer 38

The 30-day period does not start for any party until the entry of the order disposing of the last remaining motion if a party timely files:

(a) A renewed motion for judgment;
(b) A motion to amend or make additional factual findings;
(c) A motion to alter or amend the judgment;
(d) A motion for a new trial;
(e) A motion for alteration or relief from judgment under Rule 60, if the motion is filed no later than 28 days after the judgment is entered; or
(f) A motion for attorney’s fees, if the court orders that the motion will extend the time to appeal.

Question 39

Appeal of interlocutory orders

Answer 39

Upon timely application—within 10 days after the entry of judgment—a district court may certify:

(1) That an order involves a controlling question of law as to which there is a substantial ground for difference of opinion; and
(2) That an immediate appeal from the order may materially advance the ultimate termination.

The court of appeals then has discretion to permit an appeal from the interlocutory order.

Question 40

Class certification order

Answer 40

A court of appeals has the discretion to permit an appeal from a district court order granting or denying class action certification.

The petition for permission to appeal must be filed with the circuit clerk within 14 days after the order is entered.