How Long Do You Have to Answer a Complaint in Federal Court?
The Federal Rules of Civil Procedure (FRCP) dictate the timeline for responding to a complaint. It's crucial to understand these deadlines to avoid default judgment. Here's what you need to know:
The General Rule: 21 Days
Rule 12(a)(1)(A)(i) of the FRCP states that you have 21 days to file an answer to a complaint after being formally served with it. This 21-day period begins from the day you are served.
Exceptions to the 21-Day Rule:
- Waiving Service: If you waive formal service, you have 60 days to respond.
- Defendant is outside the U.S.: If you are outside the U.S., you have 90 days to respond.
- Defendant is the U.S. government: The government has 60 days to respond.
- Defendant is a state or state agency: The state has 60 days to respond.
Motion to Dismiss: An Alternative to an Answer
Instead of filing an answer, you can choose to file a motion to dismiss under Rule 12(b). This motion argues that the complaint is legally insufficient and should be dismissed. You must file this motion within 21 days of being served.
Importance of Timely Filing:
Failing to answer or file a motion to dismiss within the allotted time frame can result in a default judgment against you. This means the court will rule in favor of the plaintiff, and you may be held liable for the damages claimed in the complaint.
Conclusion:
Knowing the timeframes for responding to a complaint is crucial for protecting your legal rights. Ensure you understand the deadlines and take appropriate action. If you're unsure about the proper course of action, consulting with an attorney is highly recommended.