Timing for Civil Procedure

Question 1

Timing: Removal notice

Answer 1

Removal notice 30 days after D served initial pleading

Question 2

Deadline: Removal notice (DJ)

Answer 2

One year after action commenced (unless P bad faith)

Question 3

Deadline: Remand

Answer 3

Remand Before final judgment for SMJ, w/in 30 days after filing notice of removal for other defects

Question 4

Deadline: Service of complaint to defendant

Answer 4

90 days after filing complaint

Question 5

Deadline: time to answer

Answer 5

Time to answer 21 days

Question 6

Deadline: timeline to answer if D waived service

Answer 6

60 days after served

Question 7

Deadline: If served in a foreign Country

Answer 7

90 days to answer

Question 8

Deadline: Waiver of service

Answer 8

Waiver of service 30 days after request sent to return waiver

Question 9

Deadline: Temporary Restraining Order

Answer 9

TRO effective for 14 days, unless good cause or consent of adversary

Question 10

Deadline: motion to dissolve TRO

Answer 10

if issued w/o notice, adverse party must give 2 days’ notice of intent to file

Question 11

Deadline: Preliminary Injunction

Answer 11

Prior to full hearing on the merits

Question 12

Deadline: Permament iNjunctio

Answer 12

Perm until dissolved, but affected persons may move for modifications or dissolution

Question 13

Motions Against Complaint (generally

Answer 13

21 days

Question 14

12(b)(6)

Answer 14

raise in pre-answer motion or answer, otherwise waived

Question 15

Judgement on the Pleadings

Answer 15

21 days

Question 16

Motion for More Definite Statement

Answer 16

21 days

Question 17

Motion to strike

Answer 17

21 days

Question 18

Amending motion

Answer 18

21 days of responsive pleading, once as of right

Question 19

Response by P to D’s Answer

Answer 19

21 days after service, 60 days if D timely waived service

Question 20

New party in amendment/relation back

Answer 20

New party need 90 days’ notice after OG complaint filed

Question 21

Respond to Amendment

Answer 21

14 days after service, or time left on OG pleading (whichever later)

Question 22

Counterclaims

Answer 22

21 days after service

Question 23

Cross-claims

Answer 23

21 days after service

Question 24

Impleader

Answer 24

Any time after complaint filed, but if more than 14 days after OG complaint then need court permission

Question 25

Initial Disclosure (Discovery)

Answer 25

14 days after parties’ discovery conference

Question 26

Expert testimony disclosure

Answer 26

90 days before trial or 30 days after disclosure of evidence

Question 27

Pretrial disclosures (witness list by testimony or deposition, docs and exhibits

Answer 27

30 days before trial

Question 28

Objections to pretrial disclosures

Answer 28

14 days after disclosure

Question 29

Discovery Conference

Answer 29

Discovery Conference 21 days before scheduling

Question 30

Request to produce docs

Answer 30

30 days after service with request, or 30 days from 26(f) conference

Question 31

Default Judgment

Answer 31

when party fails to defend, or 7 days if D has appeared

Question 32

Summary Judgment

Answer 32

30 days after discovery closed

Question 33

Jury demand

Answer 33

14 days after last pleading

Question 34

JMOL

Answer 34

Before submission to jury

Question 35

JNOV (Renewed JMOL)

Answer 35

JNOV (Renewed JMOL)

Question 36

Motion to amend or make additional findings

Answer 36

28 days after entry of judgment

Question 37

Relief from judgment or order

Answer 37

Reasonable time not to exceed one year