In federal court a defendant must respond within 21 days after service, or 60 days if service was waived. Filing a Rule 12 motion extends the answer deadline until 14 days after the motion is resolved.
State periods vary considerably.
Alternative Names:
Response Deadline, Time to Answer
Why it Matters?
The waiver of service provision is the useful mechanism, since waiving extends the response period substantially and avoids service costs. Defendants served with a waiver request who decline without good cause may bear the service expense. Tracking the deadline from actual service on each defendant separately is also necessary, since multiple defendants served on different dates have different deadlines.
Frequently Confused with
Related terms
Frequently asked questions
Does filing a motion to dismiss extend the answer deadline?
What does waiving service accomplish?
