MBE Civ Pro Time Frames Flashcards
MBE Times
Removal by Defendant
30 days
Within 30 days of service or receipt of the Initial Pleading or Summons
Demand for a Jury Trial (if Removed to Fed Ct)
14 days
Must be filed within 14 days of filing the removal
Non-removing party also has 14 days to file but the countdown BEGINS AFTER SERVICE OF THE NOTICE OF REMOVAL
If jury right was exercised prior to removal then there is no need to make another demand
Removal based on Diversity
1 YEAR
For DIVERSITY a matter can be removed up to a year AFTER THE ACTION IS COMMENCED
Motion to Remand (for anything other than SMJ)
30 days
Motion to remand must be made within 30 days AFTER the filing of the Notice of Removal
When Remand is Appealable in a Class Action
10 DAYS
The application for review must be made to the Court of Appeals NOT MORE THAN 10 days AFTER the entry of the order
Time Computation
General Rule:
- Whenever a time period is stated in DAYS, the time period EXCLUDES the day of the event that triggers the period
- BUT it INCLUDES everyday following, INCLUDING intervening:
- Saturdays, Sundays and legal Holidays
Written Motions and Notice of a Hearing
14 DAYS
A written motion and notice of a hearing MUST be served at least 14 days PRIOR to the HEARING
Opposing Affidavit (to a Written Motion and Notice of a Hearing)
7 DAYS
An opposing affidavit MUST be served at least 7 days BEFORE the hearing
Time to Act after being served and service is made by MAIL, LEAVING WITH THE CLERK, or other CONSENTED MEANS
3 DAYS –> ADDED TO PRESCRIBED TIME PERIOD.
This 3 days additional applies to the time for service of the:
- original complaint
- written motions
- discovery
- other pleadings
Time Limit for Service
90 DAYS
Plaintiff MUST serve the SUMMONS and COMPLAINT within 90 DAYS after filing the complaint (unless service is made in a foreign country).
If not made in 90 days, then Court may dismiss the action WITHOUT prejudice, or order a specific time for service to be made
Request for a Waiver of Service
30 DAYS
Request for a Waiver MUST give the Defendant a Reasonable time of AT LEAST 30 days after the request was sent.
Request for a Waiver of Service to a Foreign Defendant
60 DAYS
Request for a Waiver to a Foreign Defendant MUST give the Defendant a Reasonable time of AT LEAST 60 days after the request was sent.
If Defendant timely returns a Waiver of Service BEFORE being served with process
- when must the Defendant serve an answer to the complaint?
60 DAYS
Defendant has 60 days to serve an answer to the complaint if the Defendant returned a Waiver of Service timely.
If a FOREIGN Defendant timely returns a Waiver of Service BEFORE being served with process
- when must the FOREIGN Defendant serve an answer to the complaint?
90 DAYS
Defendant has 90 days to serve an answer to the complaint if the Defendant OUTSIDE the United States returned a Waiver of Service timely.
Normal Time Period to serve an ANSWER?
21 DAYS
The Defendant normally must serve an answer to a complaint 21 days after service of process
Length of an Interlocutory Injunction
14 DAYS
An Interlocutory Injunction may remain in effect only a limited number of days to be set by the Court, and NO LONGER THAN 14 DAYS unless good cause exists or the adversary consents
When filing a motion to dissolve a TRO, how many days notice must be given to the party who obtained the TRO
2 DAYS
If the TRO is issued without notice, the adverse party may appear and move to dissolve or modify the TRO, but must give the party who obtained the TRO two days’ notice unless a shorter time is set by the court
After filing the complaint, how long does the Plaintiff have to serve the Defendant
90 DAYS
A complaint will generally be filed before service on the defendant(s), which must then generally occur within 90 days of filing.
After service of process on the Defendant, how long does the Defendant have to either file an Answer or a Pre-Answer Motion against the Complaint?
21 DAYS
Within 21 days of service of process, a defendant must respond to a complaint either by an answer or by a pre-answer motion, or she must seek additional time to answer. If a defendant does not take one of these steps, then she risks a default.
When can a Defendant raise the Defense of Lack of SMJ?
AT ANY TIME, even on appeal.
When can a Defendant make a Motion against a complaint for the Defense of a Lack of PJ? Improper Venue? Insufficient Process? Insufficient Service of Process?
21 DAYS
The defenses of lack of personal jurisdiction, improper venue, insufficient process, and insufficient service of process must be raised in a pre-answer motion (21 DAYS after service of process of the complaint) or, if no pre-answer motion is made, in the answer (21 DAYS after service of process of the complaint), or the defenses will be waived.
When must a Defendant raise the Defense of Failure to State a Claim, or Failure to Join a Necessary and Indispensable Party?
May be raised in ANY PLEADING in a motion for judgement on the pleadings or at trial.
When must a Defendant file a Motion for Judgement on the Pleadings?
AFTER THE ANSWER IS FILED.
A motion under Rule 12(c) - Motion for Judgement on the Pleadings - must be made AFTER an ANSWER is filed
When must a Defendant file a Motion for a More Definite Statement?
BEFORE filing a responsive Pleading.
After being served with the complaint the Defendant must make a motion for a more definite statement before filing a responsive pleading.
How long does the Plaintiff have to respond to a motion for a more definite statement?
14 DAYS
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. Rule 12(e).
Motion to Strike
21 DAYS
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.
Time for Serving an Answer to a Complaint - No motion made under Rule 12 - and no waiver of service obtained?
21 DAYS
A defendant must serve an answer within 21 days after being served with the summons and complaint.
Time for Serving an Answer to a Complaint - Motion made under Rule 12?
While Motion is Pending?
NO NEED TO FILE AN ANSWER WHILE THE MOTION IS PENDING.
When a motion is made under Rule 12, a defendant will not have to file an answer while the motion is pending.
Time for Serving an Answer to a Complaint - Motion made under Rule 12?
If Motion gets denied or postponed?
14 DAYS
Defendant MUST serve the answer within 14 days after notice of the court’s action. Rule 12(a)(4)(A).
Time for Serving an Answer to a Complaint - Motion made under Rule 12?
If Motion for a More Definite Statement gets GRANTED?
14 DAYS
The answer must be served within 14 days AFTER service of the more definite statement.
Plaintiff has 14 DAYS to provide a more definite statement to the Defendant
How long does a party have to Amend a Pleading?
21 DAYS
Under Rule 15(a),
i. a party may amend a pleading once as of right within 21 days if no responsive pleading is required, or,
ii. if a responsive pleading is required, within 21 days of service of the responsive pleading or
iii. within 21 days of being served with a motion under Rule 12(b),
* *whichever is earlier**
Thus, a plaintiff may amend his complaint even after being served with an answer (up to 21 days),
BUT
He is also limited to 21 days to amend after being served with a Rule 12(b) motion.
A party may amend a pleading during and after a trial if doing so will conform to the evidence and as long as the opposing party had an opportunity to prepare.
Amendment - Relation Back - New Party
90 DAYS
Relation back to the original pleading if within 90 days AFTER the filing of the Original Complaint
How long does a party have to respond to an Amended Pleading?
14 DAYS
A party must respond to an amended pleading within the later of 14 days after service of the amended pleading
or
within the time remaining for response to the original pleading. Rule 15(a)(3).
Whichever is Earlier
Rule 11 Sanctions - How long does a party have to appropriately correct the challenged paper, claim, defense, etc. before a Motion for Sanctions can be filed?
21 DAYS
Motion for Sanctions must not be filed or presented to the court if the challenged
i. paper,
ii. claim,
iii. defense,
iv. contention, or
v. denial
Is withdrawn
OR
appropriately corrected
WITHIN
21 days after service or within any other time set by the court.
How long does a party have to answer a counterclaim once they’ve been served?
21 DAYS
A party must serve an answer to a counterclaim (or cross-claim) within 21 days of service. Rule 12(a)(1)(B).
How long does a party have to answer a cross-claim once they’ve been served?
21 DAYS
A party must serve an answer to a Cross-claim within 21 days of service.
When must a defending party (including a plaintiff against whom a counterclaim has been asserted) assert a 3rd Party Claim (IMPLEADER)
ANY TIME AFTER THE COMPLAINT IS FILED
A defending party—including a plaintiff against whom a counterclaim has been asserted—may assert a third-party claim at any time after the complaint is filed.
When must a party make Mandatory Disclosures regarding expert testimony?
90 DAYS BEFORE TRIAL
Disclosures of expert testimony 90 days before the date set for trial or for the case to be ready for trial.
These disclosures are mandatory and must be made even if an opposing party does not ask for such information. Unless otherwise ordered by the court, the disclosures must be in writing, signed, and served.
When must parties make initial disclosures?
14 DAYS
A party must make the initial disclosures required by Rule 26(a)(1) at
or
within 14 days after the parties’ Rule 26(f) conference
When must a party disclose expert testimony regarding evidence intended to rebut expert evidence?
30 DAYS
If the evidence is intended solely to contradict or rebut the opposing party’s expert evidence on the same subject matter, then disclosure must be made within 30 days after the other party’s disclosure. Rule 26(a)(2)(D).
When must a party object to there admissibility of disclosed documents and exhibits?
14 DAYS
Within 14 days after the disclosures are made, a party may serve and promptly file objections to the use of the depositions at trial and to the admissibility of disclosed documents and exhibits.
If an objection is not made at this point, then it will be waived, unless excused by the court for good cause or unless the objection relates to relevancy, prejudice, or confusion pursuant to Rules 402 and 403 of the Federal Rules of Evidence. Rule 26(a)(3)(B).
When must parties confer prior to engaging in a Discovery Conference
21 DAYS
Under Rule 26(f), the parties must confer as soon as is practicable, and in any event at least 21 days before a scheduling conference is to be held or a scheduling order is due under Rule 16(b)
How much time do attorneys of record have to submit a written report to the court outlining the proposed discovery plan arranged from the Discovery Conference?
14 DAYS
The attorneys of record and all unrepresented parties who have appeared in the case are jointly responsible for arranging the conference, for attempting in good faith to agree on the proposed discovery plan, and for submitting to the court within 14 days after the conference a written report outlining the plan.
When should a party object to errors such as the form of the written questions in a deposition?
5 DAYS
In noting errors as to the form of the written questions, the party submitting the questions should receive notice within five days after service of the last questions authorized.
When should the responding party service its Answers and Objections to Interrogatories?
30 DAYS
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).
When must a party respond to a Requests to Produce Documents and Inspect Land?
30 DAYS
The party to whom the request is directed must respond in writing within 30 days after being served or 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.
If a party fails to respond to a document request or to allow inspection, or objects to a request, then the requesting party may move to compel under Rule 37(a). Rule 34(b)(2)(A). The responding party may state that it will produce copies of documents or electronically stored information instead of permitting inspection. The production must be completed no later than the time for inspection specified in the request or another reasonable time specified in the response. Rule 34(b)(2)(B).
How long does a party have to respond to a Request for Admission?
(By either written answer or an objection to the request for admissions)
30 DAYS
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. Rule36(a)(3).
When a party fails to plead or defend an action, and a hearing for an adjudication without trial is scheduled, (Default judgement), how much time should a party be given notice prior to the hearing?
7 DAYS
When a party has failed to plead or otherwise defend an action and that failure is shown by affidavit or otherwise, the court clerk must enter the party’s default. Rule55(a).
Once a default is entered against a party, the plaintiff may seek a default judgment. 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
When may a party file for a Motion for Summary Judgement?
30 DAYS
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
When must a party make a demand for a trial by jury?
14 DAYS
Under Rule 38(b), any party may make a demand for a trial by jury. The demand must be in writing. It may be filed separately or made in a pleading. It 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.
How long does a party have to specify the issues for which it is demanding a jury trial?
14 DAYS
A party may specify the issues for which it is demanding a jury trial. 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. Rule 38(c).
How much time does a party have to make a jury trial demand after filing a removal of a case from state court?
14 DAYS
If all necessary pleadings have been filed prior to removal, a party entitled to a jury trial under Rule 38 may make a jury trial demand within 14 days after filing a notice of removal or within 14 days of being served with such a notice filed by another party. Rule 81(c)(3).
When may a movant file a Renewed Motion for Judgment as a Matter of Law (JNOV)?
28 DAYS
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.
Judgements
14 DAYS
Motion within 7 DAYS
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). 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. A similar offer may be made once a party is determined to be liable but damages have not been determined. Evidence of an unaccepted offer is not admissible except in a proceeding to determine costs. Rule68.
After the entry of a judgement, when may Attorney’s Fees be considered an element of damages via a motion filing?
14 DAYS
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. Unless the court orders otherwise, this motion does not extend the time for filing an appeal. Rule54(d)(2).
When must a party file a Motion to Amend or Make Additional Findings in a nonjury trial?
28 DAYS
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).
When must a party make a Motion to Alter or Amend a Judgment?
28 DAYS
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).
When must a party file a Motion for a New Trial?
28 DAYS
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.
When must a notice of appeal in a civil case be filed with the district clerk?
30 DAYS
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. If one of the parties is the United States, a federal agency, or a federal officer or employee sued in an official capacity or sued in an individual capacity for conduct occurring in connection with the duties performed on behalf of the United States, then the period is extended to 60 days. If a party timely files one or more of the following motions, the 30-day period does not start for any party until the entry of the order disposing of the last remaining motion
When must a motion for alteration or relief from judgment be filed?
28 DAYS
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
When must an application be made for an appeal of interlocutory if ordered (and not immediately appealable as of right)?
10 DAYS
The application must be made within 10 days after the entry of the order, rather than the 30-day period that applies to an appeal of other interlocutory orders that are immediately appealable as of right.
When must an appeal from an order granting or denying a Class Action Certification be filed with the circuit clerk?
14 DAYS
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. If the appeal is permitted, it does not stay proceedings in the district court unless the district court or the court of appeals so orders. Rule 23(f).
Removal Based on Diversity
ONE YEAR (1 YEAR)
A matter cannot be removed based on diversity of citizenship more than one year after the action is commenced. This one-year rule does not apply, however, if the district court finds that the plaintiff has acted in bad faith (such as by deliberately failing to disclose the actual amount in controversy) to prevent a defendant from removing the action. § 1446(c).
How long does a 3rd Party Plaintiff have to file an IMPLEADER after service of his original answer?
14 DAYS
The third-party plaintiff must obtain the court’s permission if he files more than 14 days after service of his original answer.
When must a party make Mandatory Pre Trial Disclosures?
30 DAYS Before Trial
Pretrial disclosures MUST be made 30 days before trial. This is MANDATORY.
How much time does the opposing party have to filing opposing affidavits AFTER a Motion for a New Trial was filed?
14 DAYS
The opposing party then has 14 days after being served to file opposing affidavits. The court may permit reply affidavits. Rule 59(c).
