Timing (Fed Civ Pro)

Question 1

D must file notice within […] after receipt by or service on the D of the initial
pleading

Answer 1

[30 days]

Question 2

motion to remand for any defect other than SMJ must be within […] after filing of notice of removal

Answer 2

30 days

Question 3

S/P must be w/i […] of filing the complaint

Answer 3

90 days

Question 4

How long does a TRO last?

Answer 4

14 days, unless there is good cause to extend it or adversary consents

Question 5

How long do you have to make a motion againt the complaint (i.e., the Rule 12 motions)?

Answer 5

w/i 21 days of service

Question 6

When must an answer be filed?

Answer 6

• 21 days after S/P if no motion to dismiss
• If notice to dismiss, then 14 days after notice of ct’s action

Question 7

When is a reply due?

Answer 7

w/i 21 days of being served with the order to reply

Question 8

How long do you have to amend a pleading as of right?

Answer 8

w/i 21 days of serving it if no responsive pleading is required, or after being served with an answer or 12(b) motion

Question 9

Regarding relation back, when must the new party to be added have known about the original complaint?

Answer 9

within 90 days of the original complaint being filed

Question 10

How long does a party have to respond to an amended pleading?

Answer 10

14 days

Question 11

How long does a party have to answer a counterclaim?

Answer 11

21 days of service

Question 12

When may a party implead a third-party defendant?

Answer 12

w/i 14 days of service of original answer; anything later requires ct. permission

Question 13

When must an expert witness report be produced?

Answer 13

at least 90 days before trial or 30 days after disclosure of opposing party’s expert evidence on the same subject matter

Question 14

When are mandatory disclosures due?

Answer 14

w/i 14 days of parties’ discovery conference

Question 15

When does the discovery conference take place?

Answer 15

At least 21 days before the scheduling conference

Question 16

Requests to produce documents must be given within […].

Answer 16

30 days from being served with request or 30 days of parties’ first Rule 26(f) conference.

Question 17

When can a motion for summary JMT be filed?

Answer 17

Any time w/i 30 days after close of all discovery

Question 18

When must a demand for jury trial be made?

Answer 18

w/i 14 days after service of last pleading

Question 19

When must an appeal be filed (FYI you file it with the District Court clerk

Answer 19

30 days from entry of JMT