Timing Matters

Question 1

reply

Answer 1

P’s answer to a counterclaim

must be made w/in 21 days of D’s answer or order to reply

Question 2

amendments to pleadings

Answer 2

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)

Question 3

discovery mechanism

Answer 3

respond w/in 30 days

Question 4

request for admission

Answer 4

respond w/in 30 days

Question 5

trial by jury

Answer 5

demand 14 days after service of answer

Question 6

JMOL

Answer 6

moving for SJ after trial has begun (anytime before giving to jury)

Question 7

renewed motion for judgment as a mater of law (JNOV)

Answer 7

if court doesn’t grant directed verdict, movant can file a JNOV no later than 28 days after entry of trial judgment

Question 8

appeals

Answer 8

w/in 30 days of judgment

Question 9

supplemental jur diversity

Counterclaims

Answer 9

must be answered within 21 days of service!

Question 10

supplemental jur diversity

Cross-claims

Answer 10

must be answered within 21 days of service!

Question 11

Notice of Motional for Removal
timing
dealing w/ multiple Ds

Answer 11

D must file w.in 30 days after receipt of service of original pleading

Question 12

timing of service of process

Answer 12

w/in 120 days after filing of complaint

Question 13

waiver of service of process

Answer 13

must give at least 30 days

extends time to serve answer from 21 days to 60 days

Question 14

12(b)/(6)

Answer 14

21 days of service

Question 15

motion for J on pleadings

Answer 15

after answer filed

Question 16

Motion for more definite statement

Answer 16

after claim before answer

Question 17

time to respond to an amendment

Answer 17

14 days after service of amended pleading (or time left on original pleading, i.e.,waiver - if applicable)

Question 18

impleader timing

Answer 18

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

Question 19

Initial disclosures

Answer 19

w/in 14 days of discovery conference

Question 20

Expert testimony disclosure

Answer 20

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

Question 21

summary judgment filed

Answer 21

30 days after close of discovery

Question 22

voluntary dismissal

Answer 22

any time before opposing party serves answer, motion for summary judgment or dismissal

Question 23

involuntary dismissal

Answer 23

P fails to prosecute

Question 24

answer

Answer 24

21 days (unless waiver 60)