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0-80 days after lawsuit is commenced (0-50 days if defendant is outside the US)
Plaintiff serves notice of action and request to waive service of summons on each defendant (FRCP 4(d)(1)).
If defendant does not agree to waive service, then plaintiff serves summons and complaint on each defendant
(FRCP 4(m)).
Defendant serves and files its answer (and any compulsory counterclaims under FRCP 13) or motion under FRCP
12 (FRCP 12(a)(1)(A)(i); FRCP 12(b),(e),(f)).
Court grants
defendant's
motion;
all claims
dismissed
with
prejudice
Court grants
defendants
motion;
all claims
dismissed
without
prejudice
Plaintiff has
30 days from
entry of final
judgment (or
60 days if US
is a party) to
file notice of
appeal (FRAP
4(a)(1)(A)(B)).
Court sets
time for
plaintiff to
amend
complaint.
Defendant
has the later
of 14 days
after service
of the
amended
pleading or
the time
remaining to
respond to
the
original
pleading in
which to
serve
answer or a
motion under
FRCP 12
(FRCP
15(a)(3)).
Court grants
defendant's
motion in
part/denies
in part; some
claims
dismissed,
some claims
remain
Defendant
has 14 days
from notice of
court's action
in which to
serve answer
(FRCP
12(a)(4)(A)).
Plaintiff has
30 days from
entry of final
judgment (or
60 days if US
is a party) to
file notice of
appeal (FRAP
4(a)(1)(A)(B)).
Court denies
defendant's
motion or
postpones
disposition
until trial
Defendant
has 14 days
from notice of
court's action
in which to
serve answer
(FRCP 12
(a)(4)(A)).
Court grants
defendant's
motion
Court sets
time for
plaintiff to
amend
complaint.
Defendant
has 14 days
after service
of amended
complaint to
serve answer
or a motion
under FRCP
12 (FRCP
12(a)(4)(B)).
Court denies
defendant's
motion or
postpones
disposition
until trial
Defendant
has 14 days
from notice
of court's
action in
which to
serve answer
(FRCP
12(a)(4)(A)).
Court grants
defendant's
motion and
strikes
entire
complaint
Plaintiff has
30 days from
entry of final
judgment
(or 60 days if
US is a party)
to file notice
of appeal
(FRAP 4(a)(1)
(A)-(B)).
Court may
set date for
Plaintiff to
serve
amended
complaint.
Court grants
defendant's
motion in
part/denies
in part; parts
of complaint
stricken,
parts remain
Defendant
has 14 days
from notice
of court's
action in
which to
serve answer
(FRCP
12(a)(4)(A)).
Plaintiff has
30 days from
entry of final
judgment (or
60 days if US
is a party) in
which to file
notice of
appeal (FRAP
4(a)(1)(A)(B)).
Court denies
defendant's
motion or
postpones
disposition
until trial
Defendant
has 14 days
from notice
of court's
action in
which to
serve answer
(FRCP
12(a)(4)(A)).
Counterclaim or Cross-Claim
Defendant (CCD) serves answer
asserting no new claims against
defendant (FRCP 12(a)(1)(B)).
Defendant
does nothing
Case
proceeds.
Counterclaim or Cross-Claim
Defendant (CCD) serves FRCP
12 motion (FRCP 12(a)(1)(B);
FRCP 12(b),(e),(f)).
Defendant has [X] days to
serve an opposition (see FRCP
6(c) and court's local rules).
CCD has [X] days to serve a
reply (see court's local rules).
Court may conduct hearing on
motion (see courts local rules
on whether oral argument
must be requested).
Motion to
dismiss
(FRCP 12(b))
[Click on text]
Court denies
motion
Motion
for a more
definite
statement
(FRCP 12(e))
[Click on text]
Counterclaim or Cross-Claim
Defendant (CCD) serves answer
with counterclaims or crossclaims (FRCP 12(a)(1)(B)).
Motion to
strike
(FRCP 12(f))
[Click on text]
Defendant
serves answer
asserting no
new claims
against CCD
(FRCP 12
(a)(1)(B)).
Case
proceeds.
Court grants
defendant's
motion;
all counterclaims
or cross-claims
dismissed with
prejudice
CCD has 30
days from
entry of final
judgment (or
60 days if US
is a party) to
file notice of
appeal (FRAP
4(a)(1)(A)(B)).
03-14
Court grants
defendants
motion;
all claims
dismissed
without
prejudice
Court sets
time for CCD
to amend
counterclaims
or crossclaims.
Defendant
has the later
of 14 days after
service of the
amended
pleading or
the time
remaining to
respond to the
original
pleading in
which to serve
answer or a
motion under
FRCP 12 (FRCP
15(a)(3)).
Court grants
defendant's
motion in
part/denies
in part; some
claims
dismissed,
some claims
remain
Defendant
has 14 days
from notice of
court's action
in which to
serve answer
to CCDs
counterclaims
or crossclaims
(FRCP
12(a)(4)(A)).
CCD has
30 days from
entry of final
judgment (or
60 days if US
is a party) to
file notice of
appeal (FRAP
4(a)(1)(A)(B)).
Court denies
defendant's
motion or
postpones
disposition
until trial
Defendant
has 14 days
from notice of
court's action
in which to
serve answer
to CCDs
counterclaims
or crossclaims
(FRCP 12
(a)(4)(A)).
Court grants
defendant's
motion
Court denies
defendant's
motion
Court sets
time for CCD
to amend
counterclaims
or crossclaims.
Defendant
has 14 days
after service
of amended
counterclaims
or crossclaims
in
which to
serve answer
or a motion
under FRCP
12 (FRCP
12(a)(4)(B)).
Defendant
has 14 days
from notice
of court's
action in
which to
serve answer
(FRCP
12(a)(4)(A)).
Court grants
defendant's
motion and
strikes all
counterclaims
or crossclaims
CCD has 30
days from
entry of final
judgment
(or 60 days if
US is a party)
to file notice
of appeal
(FRAP 4(a)(1)
(A)-(B)).
Court may
set date for
CCD to
serve
amended
pleading.
Court grants
defendant's
motion in
part/denies in
part; parts of
counterclaims
or crossclaims
stricken,
parts remain
Defendant
has 14 days
from notice
of court's
action in
which to serve
answer to
counterclaims
or crossclaims
(FRCP
12(a)(4)(A)).
CCD has 30
days from
entry of final
judgment (or
60 days if US
is a party) in
which to file
notice of
appeal (FRAP
4(a)(1)(A)(B)).
Court denies
defendant's
motion or
postpones
disposition
until trial
Defendant
has 14 days
from notice
of court's
action in
which to
serve answer
to counterclaims
or
crossclaims
(FRCP
12(a)(4)(A)).
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