Deadlines/Time Limits

Question 1

Removal

Answer 1

Within 30 days of when grounds for removal become apparent (usually when served, but can be when amends)

If multiple defendants, each defendant gets 30 days from when served to try to remove (need unanimity)-so if new defendant served after first defendant’s time up, new defendant can remove w/ first defendant consent

Question 2

Removal + diversity

Answer 2

Within 30 days of when grounds for removal become apparent
AND
Must be within 1 year of filing (exception: plaintiff trying to thwart removal)

Question 3

Amendment of Pleading or Answer as a Matter of Right

Answer 3

Within 21 days of serving complaint or answer
OR
If complaint filed AND answer or motion to dismiss already filed, within 21 days of that

Question 4

Service

Answer 4

Serve complaint + summons within 90 days of filing complaint (exception: good cause)

If fail–must dismiss w/out prejudice

Question 5

Initial response to complaint

Answer 5

Can be answer or pre-motion answer

Served–within 21 days of service
Waived service–within 60 days

Question 6

Answer to complaint

Answer 6

Either within 21 days of service, within 60 days if service waived
OR
If filed motion first + motion denied, must file answer within 14 days of denial

Question 7

Sanction Safe Harbor

Answer 7

Have 21 days after motion for sanctions served to withdraw or modify alleged violation

Question 8

Impleader by Right

Answer 8

Within 14 days of serving answer

Question 9

Intervention

Answer 9

“Timely”

Question 10

Rule 26(f) conference

Answer 10

At least 21 days before a Rule 16(b) conference held OR 16(b) scheduling order issued (latter mandatory–schedule + discovery rules)

= Discovery Planning Conference: Meet to discuss likely content of discovery and draft discovery plan

Question 11

Submission of Discovery Plan

Answer 11

Done by parties

Within 14 days of Rule 26(f) conference

Question 12

Initial Disclosures

Answer 12

Within 14 days of <Rule 26(f) conference> (discovery planning)

Question 13

Expert Disclosure

Answer 13

At least 90 days before trial

Name/contact info, final report w/ qualifications, opinions, + relied on info

Question 14

Pretrial Disclosures

Answer 14

At least 30 days before trial

Witness expected to call, might call, will be presented via depo/transcript, physical evidence expected

Question 15

Request for Admission response

Answer 15

30 days to respond

Question 16

Request for Production response

Answer 16

30 days to respond

Question 17

Motion for Summary Judgement

Answer 17

Any time before 30 days after close of discovery

Question 18

Judgement as a Matter of Law

Answer 18

Party filed against has been fully heard on issue

Question 19

Renewed Motion for Judgement as a Matter of Law

Answer 19

Within 28 days of entry of judgement (or discharge of jury if addresses issue separate from verdict)

Question 20

Motion for New Trial

Answer 20

Within 28 days of entry of judgement

Question 21

Motion for Relief from Judgement

Answer 21

*Promptly after learning grounds (r. time)

If mistake OR new evidence OR fraud–no later than 1 year from final judgement

Question 22

Appeal

Answer 22

File notice of appeal within 30 days of judgement
OR
order that is appealed
OR
post trial motion filed and denied

Exception: only 14 days if appealing class certification

Question 23

Sets of numbers to remember (days)

Answer 23

14, 21, 28, 30, 60, 90

Question 24

14 days

Answer 24

Length of temporary restraining order, when must file answer if filed motion first + motion denied, how long to request jury trial from last responsive pleading, impleader by right from serving answer, submission of discovery plan and initial disclosures after 26(f) discovery conference, appeal of class certification

Question 25

21 days

Answer 25

Amend complaint/answer as matter of right, respond to complaint if don’t waive service, safe harbor for Rule 11 violations, time before 16(b) scheduling order/conference must have 26(f) discovery conference

Question 26

28 days

Answer 26

To move for new trial after loss, to renew judgement as a matter of law

Question 27

30 days

Answer 27

Appeal a judgement, to remove from when it becomes possible, pretrial disclosures before trial, response to request for production/admission

Question 28

60 days

Answer 28

Respond to complaint if waive service

Question 29

90 days

Answer 29

Respond to complaint + waive service AND foreign (non-US) defendant, serve defendant after filing complaint, minimum time before trial must disclose experts planning to use

Question 30

1 year

Answer 30

Removal + diversity maximum unless plaintiff thwarting (in addition to usual 30 day requirement)

Question 31

Notice required before deposition

Answer 31

14 days–but party that got less than 14 days notice can only preclude if promptly files motion for protective order AND motion pending when depo taken