Understanding the Removal Process
When a case is removed from state court to federal court, the defendant must respond to the complaint within a certain timeframe. This timeframe can be confusing, as it differs depending on the specific situation. Let's break down the key rules.
The General Rule: 21 Days
Under Rule 81(c) of the Federal Rules of Civil Procedure, a defendant has 21 days to answer a complaint after removal to federal court. This 21-day period starts from the later of:
- The date the defendant is served with a copy of the notice of removal; or
- The date the defendant is served with the complaint.
Exceptions to the 21-Day Rule
There are two primary exceptions to the general 21-day rule:
1. 30-Day Extension for Initial Motion
The defendant may file a motion to dismiss or other initial motion within 30 days of removal. If they file a motion within this timeframe, the defendant is not required to answer the complaint until 14 days after the motion is decided or the motion is denied, whichever happens first.
2. Waiver of Answer Under Rule 12(b)(1)
In certain situations, a defendant may waive their right to answer the complaint by filing a motion to dismiss under Rule 12(b)(1), challenging the federal court's jurisdiction over the case. If the motion is granted, the case is dismissed, and no answer is necessary.
Consequences of Failing to Answer
If a defendant fails to answer within the prescribed timeframe, the plaintiff may be able to obtain a default judgment against the defendant. This means that the plaintiff may be awarded all of the relief requested in the complaint without the defendant having an opportunity to contest the claims.
Seek Legal Advice
These rules can be complex and vary depending on the specific circumstances. It is always best to consult with an attorney experienced in federal court practice for legal advice regarding the proper procedure and deadlines in your specific case.