A state court is not governed by the federal rules, and the counting provisions genuinely differ, so each system carries its own. Select the federal court or the state first, then the forum. Use each calculated date as a self-check and verify it against the cited current rule and the facts of the matter.
Planned Professional price: $10.99 a month. The calculator is free to use. Paid records and checkout are not available for this market.
Choose the jurisdiction first. Every published calculator is a free self-check; paid records are currently available only for eligible England & Wales CPR calculations.
Free self-check calculator. Results from this jurisdiction are not eligible for paid records. Check the result against the cited current rule and the facts of the matter before using it.
Loading calculator...
21 days from Service of the summons and complaint on the defendant
FRCP 12(a)(1)(A)(i)Binding
Opening words of Rule 12(a) are 'Unless another time is specified by this rule or a federal statute', so a specific federal statute displaces the 21 days. FRCP 6(d) can NEVER add 3 days to this period. Failure to answer exposes the defendant to entry of default under Rule 55(a). Corrected on verification: the entry previously said that Rule 6(d) adds 3 days 'only where service was by mail, by leaving with the clerk, or by other consented means', which invites the reading that a mailed complaint attracts the extra 3 days. It does not. FRCP 6(d) is keyed exclusively to service made under FRCP 5(b)(2)(C), (D) or (F); the summons and complaint are served under FRCP 4, so no 3 days are ever added to the Rule 12(a)(1)(A)(i) period however service was effected. The quoted opening words of Rule 12(a) were also incomplete: the rule reads 'Unless another time is specified by this rule or a federal statute'. Sources: FRCP 6(d) and FRCP 12(a)(1), current text.
Legal disclaimer
Deadline Engine provides a self-check calculation based on encoded procedural rules. It is software, not legal advice, and no output is approved for your matter. Check the jurisdiction, inputs, current cited rule, facts and any order or agreement before recording or using the date. Responsibility for the operative deadline and diary remains with you.
