Responsive pleading after a Rule 12 motion is denied or deferred
If the court denies a Rule 12 motion or postpones ruling until trial, the responsive pleading must be served within 14 days after notice of the court's action. Enter the date of notice.
- FRCP 12(a)(4)(A)
- FRCP 6(a)
- FRCP 6(d)
Find your answer date
Federal district court.
Usually the date of the electronic notice of the order.
Holidays and court closures
Federal holidays under 5 U.S.C. 6103 are always skipped, including the observed weekday when a holiday falls on a weekend.
For weather or emergency closures. Check the court's notice to confirm it extends deadlines.
How the deadline is counted
- Start from notice of the ruling. With electronic filing, that is usually the date the order was entered and the notice sent.
- Count 14 days. Move past weekends and holidays under Rule 6(a).
- Add 3 days if notice came by mail under Rule 6(d).
Worked examples
| Example | Notice | Deadline |
|---|---|---|
| Electronic notice | Mon, Oct 26, 2026 | Mon, Nov 9, 2026 |
| Notice by mail | Mon, Oct 26, 2026 | Thu, Nov 12, 2026 |
Court orders control. Rule 12(a)(4) applies unless the court sets a different time, which many orders do. Courts differ on how a partial ruling affects the time to answer the remaining claims, so read the order closely.
Common questions
When is the answer due after a motion to dismiss is denied?
14 days after notice of the court's action under Rule 12(a)(4)(A), unless the court sets a different time.
Does electronic notice add 3 days?
No. Only mail and other listed methods add 3 days under Rule 6(d).
What if the court grants part of the motion?
Courts differ on the effect of a partial ruling. Follow any deadline in the order, and if there is none, the safest course is to answer within 14 days after notice.
Sources
- Federal Rules of Civil Procedure, Rule 12(a)(4)
- Federal Rules of Civil Procedure, Rule 6
Rules last checked October 2026. This calculator does not give legal advice. Confirm the date against the rule and any order in your case.