Introduction
The Federal Rules of Civil Procedure (FRCP) govern the process of litigation in federal court. One important aspect of this process is the time allotted for a defendant to respond to a complaint after it has been removed from state court to federal court. This article will provide an overview of the relevant FRCP provisions and the timeframes involved.
FRCP Rule 81(c)
The FRCP addresses the time to answer after removal in Rule 81(c). This rule states that, generally, the defendant has 21 days to answer a complaint after being served with a notice of removal.
Calculating the Time
The 21-day period is calculated as follows:
- Day 1: The day the defendant is served with the notice of removal.
- Days 2-21: The following 20 days.
Exceptions
There are some exceptions to the general 21-day time frame:
- If the complaint was filed in state court before removal: The defendant has 30 days to answer.
- If the defendant waived service of the complaint: The defendant has 60 days to answer.
Answer Requirements
The defendant's answer must:
- Admit or deny each allegation in the complaint.
- State any affirmative defenses.
- Raise any counterclaims or crossclaims.
Consequences of Failure to Answer
If the defendant fails to answer within the allotted time, the plaintiff may seek a default judgment against the defendant. This means that the court will enter a judgment in favor of the plaintiff without the defendant having the opportunity to present a defense.
Conclusion
The FRCP provide a clear framework for the time to answer after removal. Understanding these rules is crucial for defendants in federal court cases. It is always advisable to seek legal advice from an experienced attorney if you are facing a lawsuit in federal court.