FRCP #’s Game

Question 1

1

Answer 1

Year to motion for relief from judgment

FL: Same rule

Question 2

6

Answer 2

Jurors required

FL: Same rule

Question 3

10

Answer 3

Depositions allowed

Question 4

14

Answer 4

14
- Days for D to file an answer after Court denies motion to dismiss/strike/for more definitive statement
- D has right to implead w/in 14 days of serving an *answer** (otherwise Court’s permission needed)
- Days to demand a jury trial after the service of the last pleading directed to the triable issue (complaint/answer)

• Discovery plan must be submitted w/in 14 days of the (required) discovery planning conference
• Initial mandatory disclosures must be submitted w/in 14 days of the conference
• Days after issuance, a TRO EXPIRES (can be extended for 14 days upon showing good cause)
• Days to appeal, where the appeal is on class certification

Question 5

21

Answer 5

21
- Days to amend original complaint after service (or if an answer/motion to dismiss filed, w/in 21 days of that service)
- Days to respond to complaint w/ answer/motion to dismiss (60 if service of process was waived)
NOTE: D must file motion to dismiss BEFORE answer
- Days to amend original answer after service
- Days to cure sanctions
- Discovery planning conference must be held 21 days before a 16(b) scheduling order conf is held or order issued

Question 6

25

Answer 6

25 interrogatories allowed (can seek facts or contentions/opinions)

Question 7

28

Answer 7

28

• Days to motion for a new trial after entry of judgment
• Days to RENEW judgment as a matter of law after losing at trial (if a party filed a losing JML during trial)

Question 8

30

Answer 8

• 30 Days to appeal after losing trial/judgment is made (or w/in 30 days of the order that is the subject of the appeal)

NOTE: If a post-trial motion has been filed (renewed motion for JML, new trial, relief from judgment) and it is denied, a new 30-day period beings to run from the date of the denial. If a motion for new trial or relief from judgment is granted, the judgment is no longer final and no appeal is permissible unless the order can be certified or characterized as a collateral order.

• 30 Days for D to remove the case to federal court after complaint is served or grounds otherwise become apparent

NOTE 1: Clock restarts after a) P amends complaint or b) after each time a new defendant is added (served)
NOTE 2: If removal is based on diversity, the defendant must remove within one year of filing unless the plaintiff attempted to thwart removal

• 30 Days to respond to interrogatories
• 30 Days to respond to discovery requests for production of documents, tangible items, or access to evidence
• 30 Days for a summary judgment motion to be made AFTER the close of DISCOVERY
• At least 30 days BEFORE trial, parties must give pretrial disclosures (list of expected/possible Ws, W testimony via depo/transcripts, list of documents & physical evidence)

Question 9

60

Answer 9

60 Days to respond to complaint if D waived service of process

EX: P sues D on May 1 and asks him on the same day to waive service of process. D agrees and files a motion to dismiss on June 1, which is denied on July 2. D then files an answer on July 17. D timely filed his motion to dismiss (he had 60 days to file it) but did not timely file his answer (he had 14 days to file it).

Question 10

90

Answer 10

• 90 Days to respond to complaint if you waived service of process as a FOREIGN defendant
• 90 Days to disclose experts who will testify at trial (include name/contact info & final report)
  NOTE: Final report must include qualifications, opinion, & info relied on
• 90 Days after filing the complaint, P must SERVE D the summons & complaint
  NOTE 1: Anyone 18+ and not a party can serve D
  NOTE 2: If P fails to serve D w/in 90 days, Court must dismiss without prejudice
  NOTE 3: Court can give P more time to serve if P shows good cause