how many days to file answer after removal to federal court

less than a minute read 01-11-2024
how many days to file answer after removal to federal court

Understanding the Removal Process

When a case is removed from state court to federal court, the defendant has a specific timeframe to file an answer. This timeframe is crucial, as failure to respond within the allotted time could lead to serious consequences, such as a default judgment against the defendant.

The 21-Day Deadline

Generally, the defendant has 21 days from the date of service of the notice of removal to file an answer in federal court. This 21-day deadline is established by Rule 81(c) of the Federal Rules of Civil Procedure.

Important Considerations

  • Service of the Notice of Removal: The 21-day clock starts ticking from the date the defendant receives the notice of removal. This date may differ from the date the notice was filed in court.
  • Extensions: The court can grant extensions of time to file an answer, but this is at the court's discretion and requires a good faith reason.
  • State Court Rules: In some cases, the defendant might be required to file an answer in the state court before the removal. It's crucial to check both federal and state rules to ensure compliance.
  • Waiver of Service: If the defendant waives service of the notice of removal, the 21-day deadline begins upon the date the defendant returns the waiver of service form.
  • Other Deadlines: The 21-day deadline to file an answer is separate from other deadlines, such as the deadline to file a motion to remand.

Consequences of Missing the Deadline

If the defendant fails to file an answer within the 21-day timeframe, the plaintiff may seek a default judgment. A default judgment could result in the plaintiff obtaining the relief requested in the complaint without the defendant having the opportunity to defend themselves.

Conclusion

Understanding the deadlines for responding to a removal to federal court is crucial for defendants to protect their rights. It's important to consult with an attorney to ensure proper compliance and avoid potential consequences.