Federal Court Deadlines

20 days after service of the summons and complaint upon the defendant [FRCP 12(a)(1)(A)(i)].

1. When defendant waives service per request
2. Action against U.S. or federal officers or employees
3. After denial of rule 12 motion

60 days from the date the request for waiver was sent, or within 90 days thereafter if it was sent outside the United States [FRCP 12(a)(1)(A)(ii)]

60 days from the date the complaint is served on the US Attorney [FRCP 12(a)(2)]

within 10 days after notice of the court's action. [FRCP 12(a)(4)(A)].

"within the time remaining to respond to the original pleading or within 10 days after service of the amended pleading, whichever is later." [FRCP 15(a)(3)].

In other words, you have to respond within the time limit for the original complaint, but you get at least 10 days.

No. To avoid default, a defendant moving to dismiss an amended complaint must still file an answer within 10 days after service of the amended complaint. [General Mills, Inc. v. Kraft Food Global, Inc. 495 F.3d 1278 (Fed. Cir. 2007).]

Technically a counterclaim or cross claim in federal practice is not a separate pleading. It is part of the pleading (answer) filed by the responding party.

Generally, a reply to a counterclaim or other proper response (e.g., a motion to dismis) must be filed within 20 days after service of the counterclaim. [FRCP 12(a)(1)(B)].

A motion made on any of the grounds enumerated in Rule 12(b) "must be made before pleading if a responsive pleading is allowed." [FRCP 12(b)].

If defendant obtains a timely and proper extension of "time to respond," this is generally held to include the right to assert Rule 12(b) defenses by preanswer motion.

A Rule 12(b) motion extends defendant's time to file a responsive pleading. If the court denies the motion, or postpones its disposition until trial on the merits, defendant's responsive pleading is due 10 days after notice of the court's action. [FRCP 12(a)(4)].

Local Rule 7-3 requires the parties to meet and confer regarding the substance of the motion at least 5 days prior to the filing of the motion, if the motion must be filed within a specified period of time; like a 12(b) motion.

Any time after the pleadings are closed, "but early enough not to delay trial." [FRCP 12(c)].

Before the filing of a responsive pleading. [FRCP 12(e)]. It cannot be filed with an answer.

A motion to strike must be filed before responding to the challenged pleading or, if no responsive pleading thereto is permitted, within 20 days after service of the challenged pleading. [FRCP 12(f)].

21 days before the hearing on the motion. (L.R. 7-9)

A moving party may, not later than fourteen (14) days before the date designated for the hearing of the motion, serve and file a reply memorandum, and declarations or other rebuttal evidence. L.R. 7-10.