Pleading
1
1
Service of Process on Defendant
Plaintiff has 90 days after filing the complaint.
Reply to Answer
Plaintiff has 21 days after answer, if ordered by court.
Rule 12(B)(2)Rule 12(B)(3)Rule 12(B)(4) Rule 12(B)(5) Motion
-Lack of Personal Jurisdiction
-Improper venue
-Insufficient process
-Insufficient Service of Process
Waived unless included in the first answer or pre-answer motion
Motion to amend final judgment
Within 28 days of judgment
Rule 26(f) conference (meet & confer)
At least 21 days before scheduling conference
Waiving Service
Service is waived if Defendant returns waiver within 30 days
Removal
Defendant has 30 days after notice, pleading, complaint.
Rule 12(B)(1),(6),(7) Motion
(1) Lack of subject matter jurisdiction
(6) Failure to state a claim
(7) Failure to join a party
NOT waivable
Motion for relief from judgment
Within reasonable time up to 1 year
Initial Disclosures
Within 14 days of meet and confer
Answer to a complaint
-if service is waived
-if Rule 12 motion denied
Defendant has 21 days from service of complaint to answer.
Defendant has 60 days after plaintiffs waiver request is sent (90 if foreign)
Defendant has 14 days after courts notice.
Removal if a new defendant joins the case.
New defendant has another 30 days to remove with other defendants.
Motion for Summary Judgment
30 days after close of discovery.
Stay of Judgment
Judgments not enforceable until 30 days after entry
Expert testimony disclosures
At least 90 days before trial
Amendment of Pleading
-if adding new party (relation back)
Plaintiff has 21 days from service or 21 days after defendants response
New party needs notice of action within 90 days from its filing
Removal based on diversity
1 year after filed in state court unless plaintiff acted in bad faith.
Judgment As a Matter of Law
-Renewed JMOL
Entered during a jury trial, either before or after verdict, when a party has been fully heard on the issue and the court finds that no reasonable jury could reach a different conclusion.
Within 28 days of judgment.
Appeal
Within 30 days of final judgment
Pre-trial disclosures
At least 30 days before trial
Response to amended pleading
Within original time remaining or 14 days from amendment.
Remand
-if lack of SMJ
Plaintiff has 30 days from removal notice
Plaintiff may move to remand at anytime for lack of SMJ
Motion for a new trial (de novo)
Within 28 days of judgment
Appeal and the United States is a party
Within 60 days if U.S. is a party
Interrogatories, Requests for Production, Request for Admission.
Opposing party has 30 days to respond.