CA Time Limits

Question 1

Service of Process on Defendant FRCP

Answer 1

Plaintiff has 90 days after filing complaint (FRCP)

Question 2

Service of Waiver FRCP

Answer 2

Service waived if Defendant returns waiver within 30 days

Question 3

Rule 12(b) motions FRCP

Answer 3

Waived unless included in FIRST ANSWER or pre-answer motion. NOT WAIVABLE!

Question 4

Answer to complaint FRCP (Different than CA)

Answer 4

D has 21 days from service of complaint to answer.

Question 5

Answer to complaint if service is waived FRCP (Different than CA)

Answer 5

D has 60 days after P’s waiver request sent (90 if foreign)

Question 6

Answer to complaint if a Rule 12 Motion is denied FRCP

Answer 6

D has 14 days after court’s notice

Question 7

Removal FRCP

Answer 7

D has 30 days after notice, pleading, complaint to remove

Question 8

Removal if a new D joins the case FRCP

Answer 8

New D has another 30 days to remove with other Ds. (in addition to the 30 days after notice)

Question 9

Reply to Answer FRCP

Answer 9

P has 21 days after answer, if ordered by court

Question 10

Removal based on diversity FRCP

Answer 10

1 year after filed in state court, unless P acted in bad faith

Question 11

Remand FRCP

Answer 11

P has 30 days from removal notice

Question 12

Remand if lack of SMJ FRCP

Answer 12

P may move to remand at any time.

Question 13

Amendment to pleading FRCP

Answer 13

P has 21 days from service or 21 days after D’s response

Question 14

Response to amended pleading FRCP

Answer 14

Within original time remaining or 14 days from amendment

Question 15

Rule 26(f) conference (meet and confer) FRCP

Answer 15

At least 21 days before a scheduling conference

Question 16

Discovery–Initial disclosures FRCP

Answer 16

Within 14 days of meet and confer

Question 17

Discovery–Expert testimony disclosure FRCP

Answer 17

at least 90 days before trial

Question 18

Discovery–Pretrial disclosures FRCP

Answer 18

At least 30 days before tiral

Question 19

Discovery Interrogatories, RFPs, RFAs FRCP

Answer 19

Opposing party has 30 days to respond

Question 20

Discovery 4 types FRCP

Answer 20

initial disclosure expert testimony disclosure pretrial disclosure Interrogatories

Question 21

Jury Trial request FRCP (Different than CA)

Answer 21

File demand within 14 days of last pleading

Question 22

Motion for summary judgement FRCP (Different than CA)

Answer 22

30 days after close of discovery

Question 23

JNOV (renewed motion for JMOL) FRCP (Different than CA)

Answer 23

W/in 28 days of judgment

Question 24

Motion for new trial (de novo) FRCP (Different than CA)

Answer 24

W/in 28 days of judgment

Question 25

Motion to amend final judgment FRCP

Answer 25

W/in 28 days of judgment

Question 26

Motion for relief from judgment FRCP

Answer 26

W/in reasonable time up to 1 year

Question 27

Stay of judgment FRCP

Answer 27

Judgments not enforceable until 30 days after entry

Question 28

Appeal FRCP (Different than CA)

Answer 28

W/in 30 days of final judgment

Question 29

Appeal U.S. is party

Answer 29

W/in 60 days if U.S. is a party

Question 30

Answer to complaint CA (different than FRCP)

Answer 30

D has 30 days from service to answer

Question 31

Answer to complaint if service waived CA (different than FRCP)

Answer 31

Waiver of service does NOT extend D's time to respond.

Question 32

Service on Doe defendants (CA)

Answer 32

P has 3 years from filing of complaint to identify and serve amended complaint on Does

Question 33

Anti-SLAPP motion CA

Answer 33

W/in 60 days for SLAPP complaint

Question 34

Pretrial conferences -- case management conference CA

Answer 34

W/in 180 days of complaint

Question 35

Jury trial request CA (different than FRCP)

Answer 35

W/in 5 days of case notice

Question 36

Motion for summary judgment CA (different than FRCP)

Answer 36

After 60 days since general appeared of NMP (before 60 days based on good cause) At least 75 days before hearing.

Question 37

JNOV (renewed motion for JMOL) CA (different than FRCP)

Answer 37

W/in 15 days of judgment

Question 38

Motion for new trial (de novo) CA (different than FRCP)

Answer 38

W/in 15 days of judgment

Question 39

Appeal CA (different than FRCP)

Answer 39

W/in 60 days of final judgment

Question 40

Answer to complaint if demurrer/motion is overruled CA (different than FRCP)

Answer 40

D has 10 days from ruling to answer