Rules library

Commencing an action

A civil action is commenced by filing a complaint with the court.

Time limit for service

If a defendant is not served within 90 days after the complaint is filed, the court must dismiss without prejudice or order service within a specified time (extended for good cause).

Deadline: 90 days after the complaint is filed

Waiving service

Plaintiff may request that a defendant waive formal service. A defendant who waives gets 60 days from when the request was sent to answer (90 if outside the U.S.). A defendant who refuses without good cause can be charged the costs of service.

Deadline: Answer 60 days after the waiver request was sent

Disclosure statement

A nongovernmental corporate party must file a disclosure statement identifying any parent corporation and any publicly held corporation owning 10% or more of its stock. In diversity cases, every party must also disclose the citizenship of every individual or entity whose citizenship is attributed to it (e.g., LLC members).

Deadline: With the party's first appearance, pleading, petition, motion, response, or other request

Computing time

Exclude the trigger day, count every day (including weekends and legal holidays), and include the last day — unless it is a weekend or legal holiday, in which case the period runs to the next business day. Add 3 days when service is by mail (not for electronic service).

Time to answer

A defendant must serve an answer within 21 days after being served with the summons and complaint (60 days if service was waived; 60 days for the United States and its agencies under 12(a)(2)).

Deadline: 21 days after service

Effect of a Rule 12 motion on the answer deadline

Filing a Rule 12 motion suspends the time to answer. If the court denies the motion or postpones ruling until trial, the answer is due 14 days after notice of the court's action.

Deadline: 14 days after the court rules on the motion

Pre-answer defenses

Defenses that may be raised by motion: (1) lack of subject-matter jurisdiction; (2) lack of personal jurisdiction; (3) improper venue; (4) insufficient process; (5) insufficient service of process; (6) failure to state a claim; (7) failure to join a Rule 19 party.

Deadline: Before a responsive pleading (i.e., within the answer deadline)

Waiver and consolidation of defenses

Defenses under 12(b)(2)–(5) are waived if omitted from a party's first Rule 12 motion or first responsive pleading. Failure to state a claim can be raised later (Rule 12(c) or at trial). Lack of subject-matter jurisdiction can be raised at any time.

More definite statement; motion to strike

12(e): move for a more definite statement when a pleading is so vague or ambiguous that a party cannot reasonably respond. 12(f): move to strike redundant, immaterial, impertinent, or scandalous matter (within 21 days after service of the pleading if no response is allowed).

Pleading requirements; answers and affirmative defenses

A complaint needs a short and plain statement of jurisdiction and of the claim showing entitlement to relief. An answer must admit or deny each allegation and state affirmative defenses (e.g., statute of limitations, waiver, estoppel); unasserted affirmative defenses risk waiver.

Pleading fraud with particularity

A party alleging fraud or mistake must state with particularity the circumstances constituting fraud — typically the who, what, when, where, and how of the misrepresentation. Malice, intent, and knowledge may be alleged generally.

Plausibility pleading standard

To survive a 12(b)(6) motion, a complaint must contain enough factual matter, accepted as true, to state a claim that is plausible on its face. Labels, conclusions, and formulaic recitations of elements are not enough.

Compulsory counterclaims

A pleading must state any counterclaim arising out of the same transaction or occurrence as the opposing party's claim; omitted compulsory counterclaims are generally barred later.

Default

When a party fails to plead or otherwise defend, the clerk must enter default; default judgment follows by clerk (sum certain) or by the court. Good cause can set aside an entry of default.

Federal subject-matter jurisdiction

Federal-question jurisdiction covers claims arising under federal law. Diversity jurisdiction requires complete diversity of citizenship and more than $75,000 in controversy. A corporation is a citizen of its state of incorporation and principal place of business; an LLC is a citizen of every state of which any member is a citizen.

Time to remove

A defendant must file a notice of removal within 30 days after receiving the initial pleading (through service or otherwise). Diversity cases generally cannot be removed more than 1 year after commencement, and not by a forum-state defendant who has been properly joined and served.

Deadline: 30 days after receipt of the initial pleading

Motion to remand

A motion to remand based on any defect other than lack of subject-matter jurisdiction must be made within 30 days after the notice of removal is filed. Lack of subject-matter jurisdiction can require remand at any time.

Deadline: 30 days after the notice of removal (non-jurisdictional defects)

Venue and transfer

Venue lies where any defendant resides (if all reside in the same state) or where a substantial part of the events occurred. A court may transfer for convenience and in the interest of justice (§ 1404(a)), or dismiss or transfer a case filed in the wrong venue (§ 1406(a)).

Amending pleadings

A party may amend once as a matter of course within 21 days after serving it, or, if a response is required, 21 days after service of a responsive pleading or a 12(b), (e), or (f) motion, whichever is earlier. Otherwise amendment requires consent or leave, which courts freely give when justice so requires. Responses to an amended pleading are due within the time remaining or 14 days after service of the amendment, whichever is later.

Deadline: 21 days after service of a responsive pleading or Rule 12(b)/(e)/(f) motion

Third-party practice

A defending party may file a third-party complaint against a nonparty who may be liable to it; leave is not required if filed within 14 days after serving the original answer.

Deadline: 14 days after serving the original answer (without leave)

Representations to the court; sanctions

Signing a filing certifies that claims are warranted and factual contentions have evidentiary support. A sanctions motion must be served on the opponent 21 days before filing (safe harbor) so the challenged paper can be withdrawn or corrected.

Deadline: 21-day safe harbor before filing a sanctions motion

Response and reply deadlines (D. Utah)

Responses to motions under Fed. R. Civ. P. 12(b), 12(c), and 56 are due 28 days after service of the motion; replies 14 days after service of the response. Most other motions: response within 14 days.

Deadline: 28 days to respond to a dispositive motion; 14 days to reply

Length limits (D. Utah)

Dispositive motions (12(b), 12(c), 56) and responses: up to 40 pages or 12,400 words; replies up to 20 pages or 6,200 words. Rule 65 motions: 25 pages or 7,750 words. Other motions: 10 pages or 3,100 words. Summary-judgment motions are also governed by DUCivR 56-1. A word-count certification may be required.

First extension of time to answer (D. Utah)

The local rules provide a streamlined procedure for a first extension of time to answer or otherwise respond to the complaint, typically by stipulation.

Form of motions

A request for a court order must be made by motion, in writing, stating with particularity the grounds and the relief sought.

Discovery planning conference

The parties must confer as soon as practicable — and at least 21 days before a scheduling conference is held or a scheduling order is due — to plan discovery and submit a written report. D. Utah uses an Attorney Planning Meeting Report form.

Deadline: At least 21 days before the Rule 16(b) scheduling order is due

Initial disclosures

Without awaiting a discovery request, parties must disclose witnesses, documents, damages computations, and insurance agreements.

Deadline: Within 14 days after the Rule 26(f) conference

Timing of discovery

Formal discovery generally may not begin before the Rule 26(f) conference. Early Rule 34 document requests may be delivered more than 21 days after service, but are treated as served at the first 26(f) conference.

Scheduling order

The judge must issue a scheduling order within the earlier of 90 days after any defendant has been served or 60 days after any defendant has appeared (absent good cause for delay).

Deadline: Earlier of 90 days after service or 60 days after appearance

Jury demand

A party must serve a written jury demand no later than 14 days after the last pleading directed to the issue is served; failure to demand waives a jury trial.

Deadline: 14 days after service of the last pleading directed to the issue

Voluntary dismissal

A plaintiff may dismiss without a court order by notice before the opposing party serves an answer or a summary-judgment motion, or by stipulation signed by all parties who have appeared.

Judgment on the pleadings

After the pleadings are closed — but early enough not to delay trial — a party may move for judgment on the pleadings.

Summary judgment

Summary judgment is granted if there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. Unless a local rule or order says otherwise, it may be filed at any time until 30 days after the close of all discovery.

Deadline: Up to 30 days after the close of discovery (unless ordered otherwise)