Federal Rules of Civil Procedure (FRCP) - Deadline Guide

Quick Reference

The Federal Rules of Civil Procedure govern proceedings in federal district courts. This guide focuses on rules that establish deadlines or affect timing calculations.

Rule 6: Computing and Extending Time

Key Principles (Rule 6(a))

  • Exclude triggering day: Don't count the day of the event
  • Include last day: Unless it's a weekend or holiday
  • Weekend/holiday extension: Extends to next business day
  • Different rules for periods stated in hours

Additional Time (Rule 6(d))

  • Mail service: Add 3 days
  • Electronic service: Add 3 days
  • Leaving with clerk: Add 3 days
  • Personal service: No additional time

Non-Extendable Deadlines (Rule 6(b)(2))

These deadlines cannot be extended by the court:

  • • Rule 50(b) - Renewed motion for judgment as a matter of law
  • • Rule 52(b) - Motion to amend findings
  • • Rule 59 - Motion for new trial
  • • Rule 60(b) - Motion for relief from judgment
  • • Rule 6(b)(2) - Other specified exceptions

Rule 12: Defenses and Objections

Answer Deadlines (Rule 12(a)(1))

Standard Service

21 days after being served with summons and complaint

Service on US Government

60 days for United States or its agencies/officers

Waiver of Service

60 days from request date (90 days if outside US)

Motion Timing (Rule 12(b))

  • Rule 12(b) motions: Must be filed before answering
  • Specific defenses: May be raised by motion or in answer
  • Waiver rules: Some defenses waived if not timely raised

Response to Motion (Rule 12)

  • Local rules govern: Usually 14-21 days to respond
  • Check local rules: Specific court requirements vary
  • Extensions available: By stipulation or court order

Rule 26: General Provisions Governing Discovery

Discovery Conference (Rule 26(f))

Parties must confer at least 21 days before a scheduling conference is to be held or a scheduling order is due.

Calculate Rule 26(f) Conference Date →

Initial Disclosures (Rule 26(a))

  • Timing: Within 14 days of Rule 26(f) conference
  • Content: Witnesses, documents, damages, insurance
  • Exceptions: Certain case types exempt

Expert Disclosures (Rule 26(a)(2))

  • Timing: At least 90 days before trial
  • Rebuttal experts: 30 days after initial disclosure
  • Content: Report with opinions and basis

Summary of Key FRCP Deadlines

RuleActionDeadlineCalculator
Rule 12(a)Answer to Complaint21 days (standard service)Use Calculator
Rule 26(f)Discovery Conference21 days before scheduling conferenceUse Calculator
Rule 26(a)(1)Initial Disclosures14 days after Rule 26(f) conferenceUse Calculator
Rule 50(b)Renewed JMOL Motion28 days after judgmentUse Calculator
Rule 59Motion for New Trial28 days after judgmentUse Calculator
Rule 60(b)Relief from JudgmentReasonable time (max 1 year for some)Use Calculator

Other Important Timing Rules

Rule 56 - Summary Judgment

  • Filing: Until 30 days after close of discovery
  • Response: Local rules govern (typically 14-21 days)
  • Reply: If permitted, typically 7-14 days
Calculate Timeline →

Rule 16 - Scheduling Order

  • Conference: Within 90 days of complaint service
  • Order: Within 120 days of complaint service
  • Modification: For good cause shown

⚠️ Local Rules Matter

Federal district courts often have local rules that modify or supplement the FRCP deadlines. Common variations include:

  • • Different response times for motions
  • • Page limits for briefs
  • • Electronic filing requirements
  • • Meet-and-confer requirements
  • • Discovery deadlines
  • • Motion practice procedures
  • • Case management deadlines
  • • Emergency motion procedures

Always check the local rules for your specific federal district court.

Related Resources

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