Deadlines to know

Question 1

Commence a case by serving process

Answer 1

Federal: 90 Days

VA: 1 year

Question 2

Commence a case against a TP D

Answer 2

Fed: 14 days

VA: 21 days

Question 3

Answer a pleading generally

Answer 3

21 days (both)

Question 4

Answer a counterclaim or cross claim

Answer 4

21 days (both)

Question 5

Answer a pleading if the D is in the U.S. and has waived service

Answer 5

60 days (both)

Question 6

Answer a pleading if the D is outside the US and has timely waived service

Answer 6

90 days (both)

Question 7

Answer a pleading after removal

Answer 7

21 days (fed only)

Question 8

Reply to an answer

Answer 8

21 days (both)

Question 9

Respond to a pleading after a rule 12 type motion is denied

Answer 9

Fed: 14 days

VA: 21 days

Question 10

Obey a court order requiring a more definite statement of a pleading

Answer 10

Fed: 14 days

VA: ???

Question 11

Amend a pleading as of right

Answer 11

Fed: 21 days after serving original

VA: Doesn’t exist.

Question 12

Motions generally

Answer 12

14 days before the hearing date generally (??)

Question 13

MTD/Demurrer

Answer 13

Fed: Make the motion before a responsive pleading

VA: make within 21 days of receiving the complaint, or before/at the same time as your answer.

Question 14

MSJ

Answer 14

Fed: Any time until 30 days after the close of discovery.

VA: At any time

Question 15

Motion for sanctions

Answer 15

Fed: 21 day safe harbor

VA: Get fucked, no safe harbor.

Question 16

Motion to remand

Answer 16

30 days from notive of removal (both)

Question 17

Motion to remove

Answer 17

30 days after service

Question 18

Motion for attorney’s fees

Answer 18

Fed: within 14 days of judgment

VA: must demand them in a prior pleading, and provide the basis for the fees.

Question 19

JMOL

Answer 19

Fed: any time before case submitted before jury

Question 20

Motion to strike the evidence:

Answer 20

Any time before case submitted before the jury

Question 21

Renewed JMOL/Judgment notwithstanding the verdict

Answer 21

Fed: 28 days after judgment

VA: Immediately after discharge of the jury

Question 22

Motion for a new trial

Answer 22

Fed: 28 days after entry of judgment

VA: 21 days after entry of judgment (otherwise court loses jx)

Question 23

Motion for relief from final judgment

Answer 23

Fed: reasonable time, not more than a year after

VA: 21 days after judgment entered

Question 24

Motion to set aside default

Answer 24

Fed: Reasonable time, no more than a year

VA: Up to 2 years form the date of judgment or decree for cause

Question 25

Initial disclosures

Answer 25

Fed: 14 days after 26(f) conference. BONUS: include DISS: damages calculation, insurance agreements, supporting witnesses and supporting documents

VA: No requirement for initial disclosures, parties may choose to participate in informal discovery

Question 26

Respond to discovery requests

Answer 26

Fed: 30 days

VA: 21 or 28 days

Question 27

Notice a deposition by oral examination

Answer 27

Within a reasonable amount of time

Question 28

Make pretrial disclosures

Answer 28

Fed: 30 days

Question 29

Object to another party’s pretrial disclosures

Answer 29

Fed: 14 days

Question 30

Appeal a judgment or order

Answer 30

Fed: 30 days

VA: 10 days from GDC to CC, or 30 days from CC to COA, or 30 days from COA to SC

Question 31

Demand a jury trial

Answer 31

Fed: 14 days after service of last pleading directed at jury triable issue

VA: 10 days after service of lasy pleading directed at issue

Question 32

Voluntarily dismiss action without court order

Answer 32

Fed: Before OP serves an answer or motion for summary judgment,

VA: Any time before motion to strike has been sustained,or before the jury retires from the bar, or before the action has been submitted to the court for decision.

Question 33

Power to modify, vacate, or suspend a final judgment

Answer 33

Fed: No more than a year after the entry of the judgment

21 days, after which look to things like fraud on the court.