On this page
Deadlines at a glance
These are the usual deadlines under the federal rules. An order in your case can change them. Use the deadline calculator to count the days.
| Step | Usual deadline |
|---|---|
| Serve every defendant | 90 days after you file |
| Defendant's answer | 21 days after service; 60 with a waiver or a federal defendant |
| Your response to a motion | Set by local rules or an order |
| Amend without asking | Up to 21 days after an answer or motion to dismiss is served |
| Object to a magistrate judge's report | 14 days after service (plus 3 if mailed) |
| Answer discovery requests | 30 days after service (plus 3 if mailed) |
| Appeal | 30 days after judgment; 60 if a federal party is in the case for something connected to their job |
Missed a deadline, or about to? Ask the court for more time, in writing, before the deadline passes if you can. The motions builder makes that paper for you.
The first week
The clerk opens your case. You get a case number and a judge.
✓What you do
- Write down your case number. Put it on everything you send the court.
- Find out your judge's name. Many cases also get a magistrate judge.
- Keep every paper you file or get, in one folder.
- Check your case online in PACER, or call the clerk's office. PACER charges for pages, and some courts let you get free email notices instead.
iGood to know
- Court papers are public. Anyone can read them.
- The clerk can explain court procedures, but can't give legal advice.
- Docket
- the court's list of everything filed in your case.
- Magistrate judge
- a federal judge who often handles early steps and some decisions in civil cases.
The rule behind this
Fed. R. Civ. P. 5(d)(3)(B) (e-filing for people without a lawyer); 28 U.S.C. § 636 (magistrate judges).
The fee waiver decision and screening
If you asked for a fee waiver, a judge decides it. The judge also reads your complaint first.
•What the order can say
- Fee waiver granted. The case moves on to service.
- Fee waiver denied. You get a deadline to pay the $405 fee.
- Some claims or defendants dismissed. The rest go forward.
- You must fix your complaint and file it again by a date. This is called an amended complaint.
- The whole case is dismissed.
✓What you do
- Read the order slowly. Look for every date.
- Do what it says before the date.
- Need more time? Ask before the date passes. The motions builder can help.
iGood to know
- The law says the court must dismiss a case at any time if it finds that the claim of being unable to pay isn't true, or the case is frivolous or malicious, doesn't state a claim, or asks for money from someone who is immune.
- A dismissal “without prejudice” may let you file again. “With prejudice” means you can't bring those claims again.
- To appeal a final judgment, you usually have 30 days. See step 9.
- Frivolous
- has no real basis in law or fact.
- Amended complaint
- a new, complete version of your complaint that replaces the old one.
The rule behind this
28 U.S.C. § 1915(a) and (e)(2) (fee waivers and screening).
Getting the defendants served
Each defendant must get the summons and your complaint. You have 90 days after filing.
✓If you paid the fee
- Get a summons for each defendant. The clerk signs and seals it.
- Someone 18 or older who isn't in the case delivers the papers. It can't be you. You can also hire a process server.
- Or ask a person sued as an individual (or a company) to waive service by mail (forms AO 398 and AO 399). If they sign the waiver, file it with the court.
- A city, county, state or the United States can't waive. Serve them the regular way.
- File proof of service. The person who delivered the papers fills out page 2 of the summons.
✓If your fee waiver was granted
- The court must arrange service for you, by the U.S. Marshals or someone it appoints.
- You may get Marshals forms (USM-285), one for each defendant. Fill them out and send them back quickly.
- Give the best address you have. The Marshals can only serve people they can find.
iGood to know
- Running out of time? Ask the court for more time before the 90 days end. If the Marshals are the reason for the delay, say so.
- Serving the United States, a federal agency or a federal employee has extra steps. Copies go to the U.S. Attorney and the Attorney General.
- A city, county or state is served through its chief executive officer, or the way state law allows.
- Service
- the official way a defendant gets the court papers.
- Proof of service
- a sworn form that says who was served, when, where and how.
The rule behind this
Fed. R. Civ. P. 4: (c)(2) who can serve, (c)(3) service for fee-waiver cases, (d) waivers (individuals, companies and associations only; (d)(4) filing the waiver), (i) the United States, (j)(2) state and local governments, (l) proof, (m) 90 days. 28 U.S.C. § 1915(d).
The defendant responds
Each defendant has a set time to respond after being served.
⏱Their deadline
- 21 days after being served with the summons.
- 60 days after you sent a waiver request, if they signed it.
- 60 days for the United States, a federal agency, or a federal employee sued for something connected to their job.
•They can respond in two main ways
- An answer. It goes through your complaint, paragraph by paragraph, and admits or denies each one.
- A motion to dismiss. It asks the judge to end some or all of the case now. For example, it may say the complaint doesn't state a claim.
iGood to know
- If the judge denies a motion to dismiss, or puts off deciding it until trial, the answer is usually due 14 days after notice of that decision. The judge can set a different date.
- Officials sued as individuals can raise qualified immunity. It asks whether the right was clearly established when they acted.
- If a defendant misses the deadline, the rules let you ask the clerk to enter a default. Getting a default against the United States has extra limits. In prison cases, the rules are different: see If you're in jail or prison.
- Answer
- the defendant's written reply to each paragraph of your complaint.
- Qualified immunity
- a defense that can protect officials sued as individuals, unless they violated a right that was clearly established at the time.
The rule behind this
Fed. R. Civ. P. 12(a) (answer deadlines, including (a)(4)(A)) and 12(b)(6) (failure to state a claim); Rule 55 (default). Qualified immunity: Harlow v. Fitzgerald, 457 U.S. 800 (1982); Pearson v. Callahan, 555 U.S. 223 (2009).
Responding to a motion
When a defendant files a motion, you usually get a chance to answer it in writing before the judge decides.
⏱Your deadline
- Your court's local rules set it, and they vary. Sometimes the judge sets it in an order.
- In some courts, not responding can be treated as agreeing with the motion.
✓What you do
- Read the motion. Write down each reason it gives.
- In your response, answer each reason. Point to the facts in your complaint.
- Check the local rules for page limits and format.
- Sign it, and send a copy to the other side with a certificate of service.
iAnother option: amend your complaint
- You can change your complaint once without asking, any time up to 21 days after an answer or a motion to dismiss is served on you. The earlier of the two starts the clock.
- After that, you need the other side's written OK or the judge's permission.
- On a motion to dismiss, the judge usually looks only at your complaint. Amending is the usual way to add important facts that aren't in it.
- Motion
- a written request asking the judge to do something.
- Response
- your written answer to a motion. Some courts call it a memorandum in opposition.
The rule behind this
Fed. R. Civ. P. 7(b) (motions); Rule 15(a)(1)(B) and 15(a)(2) (amending); your court's local rules.
Magistrate judge reports
A magistrate judge may write a report and recommendation. It tells the district judge how to decide a motion or the case.
⏱Your deadline
- 14 days after you're served with the report, to file written objections. Add 3 days if it was mailed to you.
✓What you do
- Say exactly which parts you disagree with, and why.
iGood to know
- If you don't object, you may lose the right to challenge those parts later on appeal.
- If every party agrees, a magistrate judge can decide the whole case. Agreeing is your choice.
- Report and recommendation
- a magistrate judge's written advice to the district judge.
The rule behind this
Fed. R. Civ. P. 72(b)(2) (14 days); Rule 6(d) (3 days for mail); Thomas v. Arn, 474 U.S. 140 (1985) (waiver); 28 U.S.C. § 636(c) and Rule 73 (consent).
Scheduling and discovery
After the defendants answer, the judge usually sets a schedule. Then each side gathers evidence. This is called discovery.
✓What you do
- Read the scheduling order. Put every date in your calendar.
- Unless yours is a prison case or the court says otherwise, you and the other side must meet, plan discovery, and send the court a written plan. You usually can't start discovery until you meet.
- Share basic information early: the names of people who know about the case, documents you may use, and how you figured the money you're asking for. These are called initial disclosures. Leaving something out can keep you from using it later.
⏱Deadlines to watch
- Answer the other side's written questions, document requests and requests for admission within 30 days (plus 3 if they were mailed to you), unless the court or the other side agrees to more time.
- A request for admission you don't answer in time is treated as admitted.
iGood to know
- Ways to get evidence: written questions (interrogatories), requests for documents, requests for admission, and depositions.
- Written questions are limited to 25 per party unless the court or the other side allows more.
- To get records from someone who isn't in the case, use a subpoena.
- Don't file discovery papers with the court unless you need to use them, or the court tells you to.
- Deposition
- questions asked and answered under oath, recorded by a court reporter.
- Subpoena
- a court order that makes someone give testimony or documents.
The rule behind this
Fed. R. Civ. P. 16 (scheduling); Rule 26(a)(1), 26(d)(1) and 26(f); Rule 37(c)(1) and (f); Rule 30; Rule 33 (25 questions, 30 days); Rule 34; Rule 36(a)(3) (deemed admitted); Rule 45 (subpoenas); Rule 5(d)(1)(A) (don't file discovery).
Summary judgment
Either side can ask the judge to decide the case without a trial. This is a motion for summary judgment.
iHow it works
- The judge grants it only if there's no real dispute about the important facts, and the law favors one side.
- It can be filed any time until 30 days after discovery ends, unless a local rule or the court sets another date.
✓If the defendants file one
- Respond with evidence, not just what your complaint says.
- Evidence can be documents, pages from depositions, and sworn statements (declarations).
- Point to the exact page or paragraph for each fact.
- Some courts send people without lawyers a notice explaining how to respond. Read it closely.
- Declaration
- a written statement you sign “under penalty of perjury.” It can be used like sworn testimony.
The rule behind this
Fed. R. Civ. P. 56(a), (b) and (c)(1); 28 U.S.C. § 1746 (declarations).
Settlement, trial and appeal
Most steps lead to one of three endings: a settlement, a trial, or a ruling you can appeal.
iSettlement
- Either side can offer to settle at any time. Many courts offer mediation.
- Get any deal in writing before you agree to end the case.
iTrial
- If the case isn't dismissed or settled, it goes to trial. The judge sets a final pretrial conference and a trial date.
⏱Appeal
- File a notice of appeal in the district court within 30 days after the judgment is entered.
- It's 60 days if the United States, a federal agency, or a federal officer or employee sued for something connected to their job is a party.
- A motion asking the judge to change the judgment under Rule 59(e) must be filed within 28 days after it's entered. The court can't extend that. Filing it on time also pauses your time to appeal.
- A few other motions to change a judgment (Rule 60(b)) have longer limits.
- Missed the appeal deadline? The district court can extend it only if you ask no later than 30 days after it passed.
- Notice of appeal
- a short paper that tells the court you're appealing.
The rule behind this
Fed. R. Civ. P. 16(e) (final pretrial conference); Fed. R. App. P. 4(a)(1) (30 or 60 days), 4(a)(4)(A)(iv) (a Rule 59(e) motion pauses the appeal clock) and 4(a)(5) (extending the appeal deadline); Rule 59(e) (28 days); Rule 6(b)(2) (can't be extended); Rule 60(b) and (c)(1).
Staying in good standing
Courts expect you to follow the rules, just like a lawyer would. Here's how to stay on track.
✓What you do
- Keep your address current. Tell the court right away if it changes.
- Read every order. Do what it says by the deadline.
- Send a copy of everything you file to the other side, with a certificate of service.
- Ask for things in a motion, not a letter. Some courts don't accept letters to the judge.
- Need more time? Ask before the deadline passes.
- Only sign what you believe is true, and only file for a proper reason.
iGood to know
- The court can dismiss a case if the plaintiff doesn't follow orders or doesn't move the case forward.
- Certificate of service
- a short statement at the end of a paper saying how and when you sent a copy to the other side.
The rule behind this
Fed. R. Civ. P. 5 (serving papers); Rule 7(b) (motions); Rule 11 (what your signature means); Rule 41(b) (dismissal).
If you're in jail or prison
Some extra rules apply to people in custody.
iGood to know
- Use the prison's grievance process first, all the way to the end. The law requires it before you sue about prison conditions.
- The court screens your complaint before anything else happens.
- With a fee waiver, the $350 fee is taken from your prison account over time.
- “Three strikes”: if 3 or more federal cases or appeals you filed while locked up were dismissed as frivolous, malicious or for not stating a claim, you usually can't get a fee waiver. The exception is if you're in danger of serious physical injury right now.
- Money for mental or emotional injury in custody requires a physical injury too, or a sexual act.
- You don't have to make initial disclosures in discovery, or hold the discovery planning meeting.
- Defendants may choose not to answer until the judge orders them to. You can't win by default just because they didn't answer.
Need help?
Many courts have free clinics for people without lawyers. See free legal help.