Federal Rules Of Civil Procedure Deadlines Chart

Navigating the complexities of civil litigation requires a firm grasp of the Federal Rules of Civil Procedure (FRCP). Understanding the associated deadlines is paramount for both plaintiffs and defendants to ensure compliance and avoid potential pitfalls. This comprehensive guide serves as a Federal Rules of Civil Procedure deadlines chart, providing a structured overview to help legal professionals and anyone involved in federal civil cases stay on track. This is not legal advice, consult with a qualified legal professional for guidance on specific legal issues.

I. Initial Stages: Filing and Serving the Complaint

The clock starts ticking the moment a lawsuit is initiated. Understanding the deadlines associated with filing and serving the complaint is crucial for establishing jurisdiction and commencing the litigation process.

• Filing the Complaint (Rule 3): The lawsuit begins when the complaint is filed with the court. There is no specific FRCP deadline for filing a complaint; however, it must be filed within the applicable statute of limitations. The statute of limitations varies depending on the cause of action and applicable state or federal law. Failure to file within the statute of limitations period will bar the claim.
• Serving the Complaint and Summons (Rule 4):
  • Time to Serve (Rule 4(m)): The plaintiff has 90 days after filing the complaint to serve the defendant with the summons and complaint.
  • Waiver of Service (Rule 4(d)): The plaintiff can request the defendant to waive formal service of process. The defendant then has:
    • 30 days from the date the request was sent to return the waiver if the defendant is located in the United States.
    • 60 days from the date the request was sent if the defendant is located outside the United States.
    • If a defendant waives service, they then have 60 days from the date the request for waiver was sent (90 days if outside the US) to serve an answer to the complaint (Rule 12(a)(1)(A)(ii))
  • Consequences of Failure to Serve (Rule 4(m)): If service is not made within 90 days, the court, upon motion or on its own initiative after notice to the plaintiff, must dismiss the action without prejudice against that defendant or order that service be made within a specified time. If the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period.

II. Responding to the Complaint: Answers and Motions

Once the defendant is served, they must respond in a timely manner. This can involve filing an answer admitting or denying the allegations, or filing a motion challenging the complaint.

• Serving an Answer (Rule 12(a)):
  • A defendant must serve an answer within 21 days after being served with the summons and complaint.
  • If the defendant waived service, the defendant must serve an answer within 60 days after the request for a waiver was sent (90 days if outside the US).
  • If the defendant files a motion under Rule 12, the time to serve an answer is altered, as explained below.
• Motions Against the Complaint (Rule 12(b)): A defendant may file a motion asserting certain defenses, such as lack of subject matter jurisdiction, lack of personal jurisdiction, improper venue, insufficient process, or failure to state a claim.
  • Deadline for Filing Rule 12(b) Motions: Must be filed before serving an answer.
  • Effect of Filing a Rule 12(b) Motion on the Answer Deadline: If the court denies the motion or postpones its disposition until trial, the defendant must serve an answer within 14 days after notice of the court’s action.
  • Motion for a More Definite Statement (Rule 12(e)): If a pleading is so vague or ambiguous that the party cannot reasonably prepare a response, a party may move for a more definite statement. The motion must be made before filing a responsive pleading. If the motion is granted, the responsive pleading must be served within 14 days after the more definite statement is served.
  • Motion to Strike (Rule 12(f)): The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. The court may act on its own or on motion made by a party either before responding to the pleading or, if a response is not allowed, within 21 days after being served with the pleading.

III. Discovery: Unearthing the Facts

Discovery is a critical stage in litigation where parties gather information relevant to the case. Strict deadlines govern various discovery tools.

• Initial Disclosures (Rule 26(a)(1)): A party must, without awaiting a discovery request, provide to the other parties certain information, including:
  • The name and contact information of individuals likely to have discoverable information.
  • A copy or description of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses.
  • A computation of each category of damages claimed by the disclosing party.
  • Any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action.
  • Timing of Initial Disclosures: Must be made within 14 days after the Rule 26(f) conference (discussed below).
• Rule 26(f) Conference: Parties must confer to consider the nature and basis of their claims and defenses and the possibilities for promptly settling or resolving the case; to make or arrange for the disclosures required by Rule 26(a)(1); to discuss any issues about preserving discoverable information; and to develop a proposed discovery plan.
  • Timing of the Rule 26(f) Conference: Must occur as soon as practicable and, in any event, at least 21 days before a scheduling conference is to be held or a scheduling order is due under Rule 16(b).
• Discovery Plan (Rule 26(d)): After the Rule 26(f) conference, the parties must submit to the court a written report outlining their discovery plan within 14 days after the conference.
• Interrogatories (Rule 33):
  • Serving Interrogatories: A party may serve on any other party no more than 25 written interrogatories, including all discrete subparts.
  • Responding to Interrogatories: The responding party must serve its answers and any objections within 30 days after being served with the interrogatories.
• Requests for Production of Documents and Tangible Things (Rule 34):
  • Serving Requests for Production: A party may serve on any other party a request to produce documents, electronically stored information, and tangible things.
  • Responding to Requests for Production: The responding party must serve its response and any objections within 30 days after being served with the request.
• Requests for Admission (Rule 36):
  • Serving Requests for Admission: A party may serve on any other party a written request to admit the truth of any matters within the scope of Rule 26(b)(1) relating to facts, the application of law to fact, or opinions about either; and the genuineness of any described documents.
  • Responding to Requests for Admission: The responding party must serve its answer or objection within 30 days after being served with the request. If a response is not timely served, the matters are deemed admitted.
• Depositions (Rule 30):
  • Notice of Deposition: A party desiring to take the deposition of any person upon oral examination must give reasonable written notice to every other party.
  • Motion to Compel Attendance: If a deponent fails to attend or refuses to answer questions, the party seeking discovery may move for an order compelling attendance or answers under Rule 37(a).

IV. Motions Practice: Seeking Court Orders

Motions are a crucial part of litigation, allowing parties to seek specific rulings from the court. Several rules govern the timing of motions.

• Motion for Summary Judgment (Rule 56):
  • Timing: A party may move for summary judgment at any time until 30 days after the close of all discovery.
  • Opposing Affidavits: When a motion for summary judgment is made and supported as provided in this rule, an opposing party may not rely merely on allegations or denials in its own pleading; rather, its response must—by affidavits or as otherwise provided in this rule—set out specific facts showing a genuine issue for trial. If the opposing party does not so respond, summary judgment, if appropriate, shall be entered against that party.
• Motion to Compel Discovery (Rule 37(a)):
  • Timing: A party seeking discovery may move for an order compelling an answer, designation, production, or inspection. A motion to compel must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action. The motion must be made within a reasonable time.
• Motion for Judgment as a Matter of Law (Rule 50):
  • Timing: A motion for judgment as a matter of law may be made at any time before the case is submitted to the jury.
• Motion for a New Trial (Rule 59):
  • Timing: A motion for a new trial must be filed no later than 28 days after the entry of judgment.
• Motion to Alter or Amend a Judgment (Rule 59(e)):
  • Timing: A motion to alter or amend a judgment must be filed no later than 28 days after the entry of the judgment.

V. Pretrial Procedures: Preparing for Trial

Pretrial procedures ensure that the case is ready for trial and that both parties are prepared to present their arguments.

• Pretrial Conferences (Rule 16): The court may direct the attorneys for the parties and any unrepresented parties to appear before it for a pretrial conference.
• Scheduling Order (Rule 16(b)): Except in categories of actions exempted by local rule, the district judge—or a magistrate judge when authorized by local rule—must issue a scheduling order:
  • After receiving the parties’ report under Rule 26(f); or
  • After consulting with the parties at a scheduling conference.
  • The scheduling order must be issued as soon as practicable, but in any event within the earlier of 90 days after any defendant has been served with the complaint or 60 days after any defendant has appeared.
• Pretrial Disclosures (Rule 26(a)(3)): In addition to the disclosures required by Rule 26(a)(1) and (2), a party must provide to the other parties and promptly file the following information about the evidence that it may present at trial other than solely for impeachment:
  • The name and, if not previously provided, the address and telephone number of each witness, separately identifying those the party expects to present and those it may call if the need arises.
  • The designation of those witnesses whose testimony the party expects to present by deposition and, if not taken stenographically, a transcript of the pertinent parts of the deposition.
  • An identification of each document or other exhibit, including summaries of other evidence—separately identifying those items the party expects to offer and those it may offer if the need arises.
  • Timing of Pretrial Disclosures: Unless the court orders otherwise, these disclosures must be made at least 30 days before trial.
  • Objections to Pretrial Disclosures: Within 14 days after the disclosures are made, a party may serve and promptly file a list of the following objections: objections to the use under Rule 32(a) of a deposition designated by another party under Rule 26(a)(3)(B); and objections to the admissibility of materials identified under Rule 26(a)(3)(C). An objection not so made—except for one under Federal Rule of Evidence 402 or 403 regarding relevance or undue prejudice—is waived unless excused by the court for good cause.

VI. Trial and Post-Trial Motions

The trial phase and subsequent post-trial motions have their own set of deadlines that must be adhered to.

• Jury Instructions (Rule 51):
  • Timing: Unless the court orders otherwise, a party may serve and file a request for jury instructions at the close of the evidence or at any earlier time that the court reasonably permits.
• Renewed Motion for Judgment as a Matter of Law (Rule 50(b)):
  • Timing: If the court does not grant a motion for judgment as a matter of law made under Rule 50(a), the court is considered to have submitted the action to the jury subject to the court’s later deciding the questions raised by the motion. No later than 28 days after the entry of judgment—or if the jury was discharged without returning a verdict, no later than 28 days after the jury was discharged—the movant may file a renewed motion for judgment as a matter of law and may include an alternative or joint request for a new trial under Rule 59.
• Motion for Relief from a Judgment or Order (Rule 60):
  • Timing: A motion for relief from a judgment or order must be made within a reasonable time—and no later than one year after the entry of the judgment or order or the date of the proceeding.

VII. Appeals

The appellate process has its own distinct set of deadlines.

• Notice of Appeal (Federal Rule of Appellate Procedure 4(a)):
  • General Rule: In a civil case, the notice of appeal required by Rule 3 must be filed with the district clerk within 30 days after entry of the judgment or order appealed from.
  • United States as a Party: When the United States or its officer or agency is a party, the notice of appeal may be filed by any party within 60 days after entry of the judgment or order appealed from.
  • Motion for New Trial or to Alter or Amend a Judgment: If a party files a timely motion under the Federal Rules of Civil Procedure for judgment under Rule 50(b); to amend or make additional findings of fact under Rule 52(b), whether or not granting the motion would alter the judgment; to alter or amend the judgment under Rule 59; or for a new trial under Rule 59, the time to file an appeal runs for all parties from the entry of the order disposing of the last such remaining motion.

VIII. Calculating Deadlines: Key Considerations

Calculating deadlines accurately is essential. Here are some important points to remember:

• Counting Days (Rule 6):
  • Excluding the Day of the Event: When computing any time period specified in the Federal Rules of Civil Procedure, the day of the event that triggers the period is excluded.
  • Weekends and Holidays: The last day of the period is included, unless it is a Saturday, Sunday, or legal holiday. If the last day is a Saturday, Sunday, or legal holiday, the period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday.
  • Intermediate Saturdays, Sundays, and Legal Holidays: When the time period is stated in days, count every day. When the time period is stated in weeks, months, years, or any other amount of time that is greater than or equal to a week, exclude intermediate Saturdays, Sundays, and legal holidays only if the period is less than 11 days.
  • "Last Day" Definition: Unless a different time is set by a statute or local rule, "last day" means the end of the last day.
• Local Rules: Always consult the local rules of the specific district court, as they may supplement or modify the Federal Rules of Civil Procedure.
• Extensions of Time (Rule 6(b)): The court may, for good cause, extend the time to perform an act if a request is made before the original time expires. After the time expires, the court may extend the time if the party failed to act because of excusable neglect.
• Impact of Electronic Filing: Some courts require electronic filing, which may have its own set of rules and deadlines.

IX. The Importance of Diligence

The FRCP deadlines are strictly enforced, and failure to comply can have severe consequences, including dismissal of claims or entry of default judgment. Maintaining a comprehensive tickler system and calendar is crucial for tracking deadlines and ensuring compliance.

X. FRCP Deadlines Chart Summary

Disclaimer: This Federal Rules of Civil Procedure deadlines chart is for informational purposes only and does not constitute legal advice. The FRCP are subject to change, and it is essential to consult the most current version of the rules and to seek the advice of a qualified attorney regarding any specific legal issue. Local rules may also apply and should be consulted. The information provided herein should not be used as a substitute for professional legal counsel.

In conclusion, mastering the deadlines outlined in the Federal Rules of Civil Procedure is critical for successful civil litigation. By understanding the rules, maintaining a meticulous tracking system, and seeking professional legal advice when needed, parties can navigate the complex landscape of federal court practice with confidence.