Timing Matters Flashcards
reply
P’s answer to a counterclaim
must be made w/in 21 days of D’s answer or order to reply
amendments to pleadings
once at any time w/in 21 days of service or
w/ 21 days of D’s response/12(b)
during/after trial okay if conforms to evidence and opposing party can prepare
leave of court (freely granted to amend the pleading if no undue justice to opposing party)
discovery mechanism
respond w/in 30 days
request for admission
respond w/in 30 days
trial by jury
demand 14 days after service of answer
JMOL
moving for SJ after trial has begun (anytime before giving to jury)
renewed motion for judgment as a mater of law (JNOV)
if court doesn’t grant directed verdict, movant can file a JNOV no later than 28 days after entry of trial judgment
appeals
w/in 30 days of judgment
supplemental jur diversity
Counterclaims
must be answered within 21 days of service!
supplemental jur diversity
Cross-claims
must be answered within 21 days of service!
Notice of Motional for Removal
timing
dealing w/ multiple Ds
D must file w.in 30 days after receipt of service of original pleading
timing of service of process
w/in 120 days after filing of complaint
waiver of service of process
must give at least 30 days
extends time to serve answer from 21 days to 60 days
12(b)/(6)
21 days of service
motion for J on pleadings
after answer filed
Motion for more definite statement
after claim before answer
time to respond to an amendment
14 days after service of amended pleading (or time left on original pleading, i.e.,waiver - if applicable)
impleader timing
can be asserted any time after complaint is filed, but 3rd party P must get court permission if filed more than 14 days after service of original answer
Initial disclosures
w/in 14 days of discovery conference
Expert testimony disclosure
at least 90 days before trial or 30 days after disclosure of opposing party’s expert evidence on same subject matter
summary judgment filed
30 days after close of discovery
voluntary dismissal
any time before opposing party serves answer, motion for summary judgment or dismissal
involuntary dismissal
P fails to prosecute
answer
21 days (unless waiver 60)
