INTERNET RESOURCE Time Deadlines—Federal Rules of …

1 1 INTERNET RESOURCETime deadlines federal Rulesof civil and Criminal ProcedureContents_____I-1 IntroductionI-2 federal Rules of civil Procedure for the United States District CourtsI-3 federal Rules of Criminal Procedure for the United States District Courts1-1 INTRODUCTIONIt is not practical to list the time deadlines of the Rules of civil and criminal procedure of each state. This chapterpresents a summary of the various deadlines provided for by federal Rules of civil and criminal procedure for the UnitedStates district courts. Since many state court Rules are similar in content and format to the federal Rules , the chapter mayserve as a guide to alert you to the various time deadlines involved in civil and criminal litigation.

2 Any rule referred toin this chapter should be checked to determine if there has been a change since the publication of this checking the deadlines for matters involving state courts, always check the state court rule. Also note thatmany state and federal courts have what are referred to as local Rules . These Rules should be consulted when checkingfor time federal Rules OF civil PROCEDURE FOR THE UNITED STATES DISTRICT COURTSRULE 4. SUMMONSS ection (d) Waiver of Service. A defendant who, before being served with process, timely returns a waiver of serviceis not required to serve an answer to the complaint until 60 days after the date on which the request for waiver ofservice was sent, or 90 days after that date if the defendant was addressed outside any judicial district of the INTERNET ResourceSection (m) time Limit for Service.

3 The service of the summons and complaint should be made upon a defendantwithin 120 days after the filing of the complaint. If the service does not take place within 120 days, the court, uponmotion or on its own initiative after notice to the plaintiff, shall dismiss the action without prejudice as to thatdefendant or direct that service be effected within a specified time ; provided that if the plaintiff shows good cause forthe failure, the court shall extend the time for service for an appropriate period. This subdivision does not apply toservice in a foreign country pursuant to subdivision (f) or (j)(1). RULE 5.

4 SERVING AND FILING PLEADINGS AND OTHER PAPERSS ection (d) Filing; Certificate of Service. All papers after the complaint required to be served upon a party, togetherwith a certificate of service, must be filed with the court within a reasonable time after RULE 6. TIMES ection (a) Computation. In computing any period of time prescribed or allowed by these Rules , by the local Rules ofany district court, by order of court, or by any applicable statute, the day of the act, event, or default from which thedesignated period of time begins to run shall not be included. The last day of the period so computed shall be included,unless it is a Saturday, a Sunday, or a legal holiday, or, when the act to be done is the filing of a paper in court, a day onwhich weather or other conditions have made the office of the clerk of the district court inaccessible, in which event theperiod runs until the end of the next day which is not one of the aforementioned days.

5 When the period of timeprescribed or allowed is less than 11 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in thecomputation. As used in this rule and in Rule 77(c), legal holiday includes New Year s Day, Birthday of MartinLuther King, Jr., Washington s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, VeteransDay, Thanksgiving Day, Christmas Day, and any other day appointed as a holiday by the President or the Congress ofthe United States, or by the state in which the district court is held. Section (b) Enlargement. is required or allowed to be done at or within a specified time , the court forcause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if requesttherefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (2)upon motion made after the expiration of the specified period permit the act to be done where the failure to act was theresult of excusable neglect.

6 But it may not extend the time for taking any action under Rules 50(b) and (c)(2), 52(b),59(b), (d) and (e), and 60(b), except to the extent and under the conditions stated in them. Section (d) for Motions Affidavits. A written motion, other than one which may be heard ex parte, and notice of thehearing thereof shall be served not later than 5 days before the time specified for the hearing, unless a different periodis fixed by these Rules or by order of the court. Such an order may for cause shown be made on ex parte a motion is supported by affidavit, the affidavit shall be served with the motion; and, except as otherwiseprovided in Rule 59(c), opposing affidavits may be served not later than 1 day before the hearing, unless the courtpermits them to be served at some other time .

7 Section (e) Additional time after Service under Rule 5(b)(2)(B), (C), or (D). Whenever a party has the right or isrequired to do some act or take some proceedings within a prescribed period after the service of a notice or other paperupon the party and the notice or paper is served upon the party under Rule 5(b)(2)(B), (C), or (D), 3 days shall be addedto the prescribed period. RULE I-1. DISCLOSURE STATEMENTThe rule requires nongovernmental corporate parties to file a disclosure statement that identifies any parent corporationand other (b) time for Filing; Supplemental Filing. A party must file the disclosure statement with its first appearance,pleading, petition, motion response or other request addressed to the court, and(2)promptly file a supplemental statement upon any change in the information that the statement requires.

8 3 INTERNET ResourceRULE 11. SIGNING OF PLEADINGS, MOTIONS, AND OTHER PAPERS; REPRESENTATIONS TO COURT;SANCTIONSS ection (c) Sanctions. This section governs the procedure for sanctions under the rule.(1) How Initiated.(A) By Motion. A motion for sanctions under the rule shall be served as provided in Rule 5, but shall not befiled with or presented to the court unless, within 21 days after service of the motion (or such other period asthe court may prescribe), the challenged paper, claim, defense, contention, allegation, or denial is notwithdrawn or appropriately corrected. RULE 12. DEFENSES AND OBJECTIONS WHEN AND HOW PRESENTED BY PLEADING ORMOTION MOTION FOR JUDGMENT ON PLEADINGSS ection (a) When Presented.

9 (1)Unless a different time is prescribed in a statute of the United States, a defendant shall serve an answer (emphasisadded)(A)within 20 days after being served with the summons and complaint, or(B)if service of the summons has been timely waived on request under Rule 4(d), within 60 days after the datewhen the request for waiver was sent, or within 90 days after that date if the defendant was addressed outsideany judicial district of the United States.(2)A party served with a pleading stating a cross-claim (emphasis added) against that party shall serve an answerthereto within 20 days after being served. The plaintiff shall serve a reply to a counterclaim (emphasis added) inthe answer within 20 days after service of the answer, or, if a reply is ordered by the court, within 20 days afterservice of the order, unless the order otherwise directs.

10 (3) (A)The United States, an agency of the United States, or an officer or employee of the United States sued in anofficial capacity, shall serve an answer to the complaint or cross-claim or a reply to a counterclaim within 60days after the United States attorney is served with the pleading asserting the claim.(B)An officer or employee of the United States sued in an individual capacity for acts or omissions occurring inconnection with the performance of duties on behalf of the United States shall serve an answer to thecomplaint or cross-claim or a reply to a counterclaim within 60 days after service on the officer oremployee, or service on the United States attorney, whichever is later.