Civ Pro Deadlines

REMEMBER – In computing a time period for taking an action (e.g., filing within X days), weekends and
holidays are counted as part of the time period. If the last day falls on a weekend or legal holiday, the action
may be taken on the next non-holiday weekday

14 day deadlines
• 14 days to file answer after pre-answer motion denied
• 14 days after original answer is served to file third-party complaint without leave (need court
permission for longer)
• 14 days to respond to amended pleading (can also respond within time left to serve answer to
original pleading, whatever date is later)
• 14 days to appeal class action certification or denial
• 14 days to submit proposed discovery plan & initial disclosures after initial conference
• 14 days to demand jury trial by serving demand to other party after last pleading served (must
send written demand to other party within 14 days and then file demand with court within
reasonable time). If pleading was amended within 21 days, can add jury demand to amended
pleading
• 14 days after entry of judgment to request attorney’s fees if statute or rule allows recovery

21 day deadlines
• 21 days to serve pre-answer motion or answer after service of complaint, counterclaim, or
crossclaim if service was NOT waived
• 21 days to amend pleading as matter of course after pleading was served OR within 21 days of
service of responsive pleading or the pre-answer motion, whichever is earlier
• 21 days for Rule 11 safe harbor for sanctions (for sanctioned party to withdraw/amend pleadings)

28 day deadlines (most posttrial filings)

• 28 days after judgment entered to renew motion for judgment as a matter of law (must have
made a prior JMOL)
• 28 days to after judgment is entered to move for new trial
• 28 days after judgment is entered to move to alter or amend judgment
• 28 days after judgment is entered to move for amended findings after final judgment

30 day deadlines
• 30 days to file notice of removal after receiving service of initial pleading OR first removable
document (all Ds must consent)
o LIMITATION: for diversity jrx, case cannot be removed more than 1 year after initial filing
in state court
o NOTE: If diversity jrx and claim against in-state D is dismissed, the other Ds have 30 days
to remove from service of dismissal. But, if it was later than 1 year after filing the case in
state court, Ds cannot remove
• 30 days to file move to remand after notice of removal filed
• 30 days to submit pretrial disclosures before trial
• 30 days to respond to interrogatories, RFP, RFA
• 30 days to move for summary judgment after close of discovery
• 30 days after entry of judgment to file notice of appeal
• 30 days to return waiver of service for service of process within US
60 day deadlines
• 60 days to serve answer OR pre-answer motion if service was waived within US
• 60 days to serve answer after service of process on U.S. agency or employee
• 60 days to return waiver of service for service of process is foreign country
• 60 days after judgment is entered to appeal if U.S. or agency is a party

90 day deadlines
• 90 days to serve process after complaint is filed
• 90 days to file answer OR pre-answer motion for foreign service waived
• 90 days before trial to disclose testifying expert witness materials
• 90 days for relation back to amend and add new defendant who had original notice and would have
been included but for mistaken identity

Within 1 year from entry of final judgment

• 1 year outer time limit for filing notice of removal based on diversity (within 30 days of receipt of
removable document, but no later than one year)
• File motion to seek relief from judgment within 1 year of entry of final judgment
o allowed for (1) mistake, inadvertence, surprise, or excusable neglect, (2) newly discovered
evidence that could not have been discovered with reasonable diligence in time to move
for a new trial, or (3) an opposing party's fraud, misrepresentation, or misconduct
 Post-Trial Motions

Relief Grounds Timing

Attorney’s fees Statute or rule allows recovery Within 14 days after entry of final
judgment (by clerk)
Renewed JMOL Evidence legally insufficient to find Within 28 days after entry of final
for nonmovant and moved for JMOL judgment (by clerk)
during trial which was denied
Motion for a new 1. Prejudicial trial error Within 28 days after entry of final
trial 2. Prejudicial misconduct by a judge, judgment (by clerk)
attorney, party or juror
3. Verdict grossly against the weight
of the evidence
4. Excessive or inadequate damages
5. Newly discovered evidence unable
to be discovered earlier by reasonable
diligence
Alter or amend 1. Manifest error of law or fact is basis Within 28 days after entry of final
judgment for judgment judgment (by clerk)
2. Intervening change in controlling
law
3. Newly discovered evidence
Correction of (i) Clerical mistake ($10k instead of District court can do it freely or by
mistake $100k) OR (ii) mistake arising from motion of a party before an appeal
oversight or omission (failure to has been docketed.
include interest in award)
If an appeal has been docketed, can
only do with leave of appellate court
Extraordinary relief 1. Mistake, inadvertence, surprise, Within 1 year after entry of final
excusable neglect judgment (by clerk)
2. Newly discovered evidence (facts
must have existed at time of trial)
3. Fraud misrepresentation,
misconduct by OP
Extraordinary relief Void judgment (e.g., no SMJ) Within reasonable time
Judgment satisfied, released,
discharged
Other reason justifying relief