Common Deadlines in Federal Litigation Chart

Common Deadlines in Federal Litigation Chart, Practical Law Checklist Common Deadlines in Federal Litigation Chart by Practical Law Litigation Maintained • USA (National/Federal)  AChartofcommondeadlinesundertheFederalRules ofCivilProcedure(FRCP)and various federal  statutes,  including  deadlines  for  filing,  serving,  and  responding  to  pleadings,  motions, discoveryrequests,noticesofappeal,andoffersofjudgment.  Duetotheongoing2019novelcoronavirusdisease(COVID-19)outbreak,manycourtrulesand proceduresmaybesuspendedormodifiedonacourt-by-courtbasis.Forthelatestdevelopments inallUSfederaldistrictandappellatecourts(includingcourtclosures,trialcontinuances,deadline extensions,changesinfilingprocedures,andremote-appearanceprocedures),seeFederalCourts Update:ImpactofCOVID-19.  This Chart sets out common deadlines in federal litigation under the Federal Rules of Civil Procedure (FRCP) and various federal statutes. When determining the period within which a particular act must be taken, counsel should: • Check the district court’s local rules, the judge’s individual rules, any orders entered in the case, and case law whenever the FRCP or relevant statutes: • do not specify a deadline; or • allow the courts or judges to set their own deadlines. • Keep in mind that the parties may stipulate to extend certain deadlines. • Consult FRCP 6, which governs the computation and extension of time periods in federal cases. • Be aware that most federal litigation documents are electronically served and filed simultaneously. Process and Pleadings Litigation Event Deadline Authority 1 Common Deadlines in Federal Litigation Chart, Practical Law Checklist Commence a case by serving process. Serve the summons, complaint, and other caseinitiating documents within 90 days after filing the complaint, if the defendant is in a US judicial district. FRCP 4(m) Commence a case against a third-party defendant. File the third-party complaint within 14 days after FRCP 14(a)(1) the defendant serves an answer to the original complaint (after 14 days, the defendant must move for leave to file the third-party complaint). Answer a pleading: generally. Serve the answer within 21 days after being served with the summons and complaint. FRCP 12(a)(1)(A)(i) Answer a counterclaim or crossclaim: generally. Serve the answer within 21 days after being served with the pleading that states the counterclaim or crossclaim. FRCP 12(a)(1)(B) Answer a pleading: defendant is the US, a US agency, or a US officer or employee sued only in an official capacity. Serve the answer to a complaint, counterclaim, or crossclaim within 60 days after service on the US attorney. FRCP 12(a)(2) Answer a pleading: defendant is a US officer or employee sued in an individual capacity. Serve the answer to a complaint, counterclaim, or crossclaim within the later of: FRCP 12(a)(3) • 60 days after service on the officer or employee. • 60 days after service on the US attorney. Answer a pleading: defendant is in the US and timely waived service under FRCP 4(d). Serve the answer within 60 days after the request for a waiver was sent to the defendant. FRCP 12(a)(1)(A)(ii) Answer a pleading: defendant is outside the US and timely waived service under FRCP 4(d). Serve the answer within 90 days after the request for a waiver was sent to the defendant. FRCP 12(a)(1)(A)(ii) Answer a pleading: after removal (when the defendant did not answer before the case was removed). Serve the answer or other response within the longest of: FRCP 81(c)(2) • 21 days after receiving, through service or otherwise, a copy of the initial pleading. • 21 days after being served with the 2 Common Deadlines in Federal Litigation Chart, Practical Law Checklist summons for an initial pleading on file at the time of service. • Seven days after the notice of removal is filed. Reply to an answer. Serve the reply within 21 days after being served with an order to reply, unless the court specifies a different time. FRCP 12(a)(1)(C) Respond to a pleading after a motion under FRCP 12 is denied or its disposition is postponed until trial. Serve the response within 14 days after notice of the court’s action. FRCP 12(a)(4)(A) Obey a court order requiring a more definite statement of a pleading. Obey within 14 days after notice of the order or within the time the court sets. FRCP 12(e) Respond to a pleading after a motion for a more definite statement is granted. Serve the response within 14 days after being served with the more definite statement. FRCP 12(a)(4)(B) Amend a pleading as of right. Amend the original pleading once as of right within 21 days after serving it. However, if the original pleading requires a response (for example, an answer asserting counterclaims), then amend within the earlier of: FRCP 15(a)(1) • 21 days after service of the responsive pleading. • 21 days after service of a motion under FRCP 12(b), (e), or (f). Amend a pleading after the time to amend as of right has passed. Respond to an amended pleading. Amend only when either: • The other party consents in writing. • The court grants leave to amend. Unless the court orders otherwise, respond within the later of: FRCP 15(a)(2) FRCP 15(a)(3) • The time remaining to respond to the original pleading. • 14 days after service of the amended 3 Common Deadlines in Federal Litigation Chart, Practical Law Checklist pleading. Motions Litigation Event Deadline Authority Motions: generally. Serve the notice of motion and other motion papers at least 14 days before the hearing date, unless the FRCP or a local rule, judge’s rule, or court order sets a different time period. FRCP 6(c) Serve the opposition papers at least seven days before the hearing date, unless the FRCP or a local rule, judge’s rule, or court order sets a different time period. Motion to dismiss under FRCP 12(b)(1)-(7). Make the motion before filing a responsive pleading, if a responsive pleading is allowed. FRCP 12(b) Motion for a more definite statement. Make the motion before filing a responsive pleading. FRCP 12(e) Motion to strike. Make a motion to strike an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter either: FRCP 12(f) • Before responding to the pleading. • Within 21 days after being served with a pleading to which a response is not allowed. Motion for judgment on the pleadings. Make the motion after the pleadings are closed but early enough not to delay trial. FRCP 12(c) Motion for summary judgment. File the motion at any time until 30 days after the FRCP 56(b) close of all discovery, unless a local rule, judge’s rule, or the pre-trial order sets a different time period. Rule 11 motion for sanctions. File the motion more than 21 days after serving it on the opposing party, if the challenged paper, claim, defense, contention, or denial has not been withdrawn or corrected. FRCP 11(c)(2) 4 Common Deadlines in Federal Litigation Chart, Practical Law Checklist Motion to compel disclosure or discovery. Make the motion on notice to the other parties FRCP 37(a)(1) after conferring (or attempting to confer) in good faith with the opposing party to resolve the issue without court action. Motion to remand. Make the motion based on any defect other than 28 U.S.C. § 1447(c) lack of subject matter jurisdiction within 30 days after the filing of the notice of removal. Motion to substitute for a deceased party. Make the motion within 90 days after serving a statement noting the party’s death. Object to a magistrate judge’s ruling on a nondispositive matter. Serve and file the objections within 14 days after FRCP 72(a) being served with the magistrate judge’s written order. Object to a magistrate judge’s recommendation on a dispositive matter. Serve and file the objections within 14 days after FRCP 72(b)(2) being served with the magistrate judge’s recommended disposition. Respond to another party’s objections to a magistrate judge’s recommendation on a dispositive matter. Respond within 14 days after being served with the objections. FRCP 72(b)(2) Request that the clerk award costs, other than attorneys’ fees, to the prevailing party. The clerk may tax costs on 14 days’ notice. FRCP 54(d)(1) Motion seeking review of the clerk’s order taxing costs other than attorneys’ fees. Serve the motion within seven days after the clerk’s taxation of costs. FRCP 54(d)(1) Motion for attorneys’ fees. File the motion no later than 14 days after the entry of judgment. FRCP 54(d)(2)(B)(i) Motion for judgment as a matter of law. Make the motion at any time before the case is submitted to the jury. FRCP 50(a)(2) Renewed motion for judgment as a matter of law (judgment notwithstanding the verdict). File the motion no later than: FRCP 50(b) • FRCP 25(a)(1) 28 days after the entry of judgment. • 28 days after the jury was discharged, if the motion addresses a jury issue not decided by 5 Common Deadlines in Federal Litigation Chart, Practical Law Checklit a verdict. Motion for a new trial. File the motion no later than 28 days after the entry of judgment. FRCP 59(b) and 50(d) Motion for additional or amended findings in a nonjury trial. File the motion no later than 28 days after the entry of judgment. FRCP 52(b) Motion to alter or amend a judgment. File the motion no later than 28 days after the entry of judgment. FRCP 59(e) Motion for relief from a final judgment, order, or proceeding. Make the motion within a reasonable time, but FRCP 60(b) and (c)(1) not more than one year after the entry of judgment or order or the date of the proceeding, if the ground for the motion is mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, fraud, misrepresentation, or an opposing party’s misconduct. Discovery Litigation Event Deadline Authority Discovery: generally. A party may not seek discovery before the FRCP 26(d)(1) parties have had a Rule 26(f) conference, unless a rule, stipulation, or court order authorizes it. Early Rule 34 requests. More than 21 days after a party is served with the summons and complaint: FRCP 26(d)(2) • Another party may deliver a Rule 34 request for documents to that party. • That party may deliver a Rule 34 document request to: • any plaintiff; or • any other party that has been served with the summons and complaint. 6 Common Deadlines in Federal Litigation Chart, Practical Law Checklist The early Rule 34 request is considered served at the Rule 26(f) conference. Rule 26(a) initial disclosures. Make the initial disclosures at or within 14 days after the parties’ Rule 26(f) discovery conference. FRCP 26(a)(1)(C) Rule 26(f) discovery conference. Conduct the conference at least 21 days before the Rule 16(b) scheduling conference is held or a scheduling order is due. FRCP 26(f)(1) Rule 26(f) discovery plan. Submit the plan to the court within 14 days after the Rule 26(f) discovery conference. FRCP 26(f)(2) Deposition to perpetuate testimony. File the verified petition with the court and serve the petition and notice of hearing on each expected adverse party at least 21 days before the hearing date. FRCP 27(a)(2) Notice a deposition by oral examination. Serve the notice of deposition within a reasonable amount of time before the date of the deposition. FRCP 30(b)(1) Review and correct a deposition transcript. The deponent must review the transcript and FRCP 30(e)(1) sign an errata sheet, if necessary, within 30 days after being notified that the transcript is available. Notice a deposition by written questions. Serve the notice of deposition and the written questions at least 28 days before the responses are due. FRCP 31(a)(3), (a)(4), and (a)(5) Object to the form of a written deposition question. Serve written objections either: FRCP 32(d)(3)(C) • Within the time for serving responsive questions. • Within seven days after being served with the recross-questions, if the objection is to a recross-question. Serve cross-questions, redirect questions, and recross-questions for a deposition by written questions. Serve cross-questions within 14 days of being served with the notice of deposition and direct questions. FRCP 31(a)(5) 7 Common Deadlines in Federal Litigation Chart, Practical Law Checklist Serve redirect questions within seven days of being served with the cross-questions. Serve recross-questions within seven days of being served with the redirect questions. Respond to interrogatories. Serve answers and any written objections within 30 days after being served with the interrogatories. FRCP 33(b)(2) Respond to early Rule 34 requests. Serve written objections and responses within 30 days after the parties’ first Rule 26(f) conference. FRCP 34(b)(2)(A) Respond to document requests. Serve written objections and responses within 30 days after being served with the document requests. FRCP 34(b)(2)(A) Respond to requests for admissions. Serve answers and any written objections within 30 days after being served with the requests for admissions. FRCP 36(a)(3) Object to a subpoena commanding the production of documents or an inspection. Serve written objections before the earlier of: FRCP 45(d)(2)(B) • The time specified for compliance with the subpoena. • 14 days after being served with the subpoena. Disclose expert testimony. Make the disclosures at least 90 days before the FRCP 26(a)(2)(D)(i) date set for trial or for the case to be ready for trial, unless a stipulation or the court sets a different time. Contradict or rebut another party’s expert disclosures. Make rebuttals within 30 days after the other party’s expert disclosure. FRCP 26(a)(2)(D)(ii) Make pre-trial disclosures. Make the disclosures at least 30 days before trial, unless the court orders otherwise. FRCP 26(a)(3)(B) Object to another party’s pre-trial disclosures. Serve and promptly file objections to another FRCP 26(a)(3)(B) party’s designated deposition testimony or to the admissibility of its trial documents within 14 days after the pre-trial disclosures are made. 8 Common Deadlines in Federal Litigation Chart, Practical Law Checklist Appeals Litigation Event Deadline Authority Appeal a judgment or order. File a notice of appeal with the district court clerk either: Federal Rule of Appellate Procedure 4(a)(1)(A),(B) • order. Within 30 days after entry of judgment or • Within 60 days after entry of judgment or order, if a party in the case is the US or its officer or agency. Miscellaneous Litigation Event Deadline Authority Rule 7.1 disclosure statement. A nongovernmental corporate party must file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. FRCP 7.1(b) Issuance of Rule 16 scheduling order. The judge must issue the scheduling order as soon as practicable, but unless the judge finds good cause for delay, within the earlier of: FRCP 16(b)(2) • 90 days after any defendant has been served with the complaint. • 60 days after any defendant has appeared. Demand a jury trial. Serve a written demand for a jury trial no later than 14 days after serving the last pleading directed to the issue triable by jury. FRCP 5(d) and 38(b) File the demand within a reasonable time after serving it. 9 Common Deadlines in Federal Litigation Chart, Practical Law Checklist Demand a jury trial: case removed after all necessary pleadings were served and party’s right to a jury trial was not preserved under state law. Serve the demand within 14 days after either: • FRCP 5(d), 38(b), and 81(c)(3)(B). Filing the notice of removal. • Being served with a notice of removal by another party. File the demand within a reasonable time after serving it. Respond to a party’s demand for a jury trial on only some of the issues. Serve a demand for a jury trial on any of the remaining issues within 14 days after service of the limited jury demand, or within a shorter time ordered by the court. FRCP 5(d) and 38(b), (c) File the demand within a reasonable time after serving it. Remove a case after the defendant’s receipt of the initial pleading. File the notice of removal within the earlier of: 28 U.S.C. § 1446(b)(1) • 30 days after the defendant’s receipt, by service or otherwise, of the initial pleading first setting out the removable claim. • 30 days after service of the summons, if the initial pleading has been filed but is not required to be served on the defendant. Remove a case after the defendant’s receipt of an File the notice of removal within 30 days after amended pleading. receipt, by service or otherwise, of the amended pleading, motion, order, or other paper from which it is first ascertainable that the case is removable. 28 U.S.C. §§ 1446(b) (3), (c)(1), and 1453(b) Note that cases based on diversity jurisdiction that are not class actions cannot be removed more than one year after commencement of the action, unless the district court finds that the plaintiff acted in bad faith to prevent removal. Make an offer of judgment. Serve the offer at least 14 days before the date set for trial. FRCP 68(a) Make an offer of judgment on the amount of damages after a party has been found liable. Serve the offer at least 14 days before the date set for a hearing to determine the extent of liability. FRCP 68(c) 10 Common Deadlines in Federal Litigation Chart, Practical Law Checklist Accept an offer of judgment. Serve written notice accepting the offer within 14 FRCP 68(a) days after being served with the offer of judgment. Voluntarily dismiss an action without a court order. Dismiss the case without a court order by filing either: FRCP 41(a)(1)(A) • A notice of dismissal before the opposing party serves an answer or motion for summary judgment. • A stipulation of dismissal signed by all parties who have appeared in the case. Voluntarily dismiss a counterclaim, crossclaim, or third-party claim. Dismiss a counterclaim, crossclaim, or thirdparty claim without a court order before either: • FRCP 41(c) A responsive pleading is served. • Evidence is introduced at a hearing or trial, if there is no responsive pleading. 11