Calculate when an answer to a complaint is due under Federal Rules of Civil Procedure Rule 12, including service method adjustments and waiver considerations.
Calculate when an answer to a complaint is due under Federal Rules of Civil Procedure Rule 12, including service method adjustments and waiver considerations.
Federal CourtsAnswer (FRCP 12(a))
Admit, deny, or plead insufficient knowledge to allegations
21 daysMotion to Dismiss (FRCP 12(b))
Challenge legal sufficiency of complaint
21 daysMotion for More Definite Statement
Request clarification of vague pleadings
21 days* Plus service method extensions under FRCP 6(d)
Input the date you were served with the summons and complaint. This triggers your 21-day deadline under FRCP 12(a)(1)(A).
If you received a request to waive service under FRCP 4(d), you have 60 days to respond instead of 21 days (30 days if you're outside the US).
Decide whether to file a motion to dismiss or answer. FRCP 12(b) motions must be filed within the same 21-day period as your answer deadline.
Add 3 days under FRCP 6(d) if served by mail, electronic means, or left with the court clerk instead of personal service.
Remember that filing a pre-answer motion extends your answer deadline. You'll have 14 days after the motion is denied to file your answer.
If filing an answer, include all FRCP 12(b) defenses or they may be waived. Personal jurisdiction, venue, and service defenses must be raised first.