How to Research Court Deadlines and Filing Timelines
What This Notice or Action Is
What Law or Rules Typically Govern It
Federal Court Deadlines (FRCP)
- Answer to complaint: 21 days after service (FRCP 12(a))
- Motion to dismiss: Before answer (FRCP 12(b))
- Summary judgment: 30 days after close of discovery (FRCP 56(b))
- Appeal: 30 days after judgment (FRAP 4)
Common State Court Deadlines (varies by state)
- Answer to complaint: 20-30 days (varies by state)
- Response to motion: 10-21 days before hearing
- Discovery responses: 30 days typically
- Appeal: 30-60 days after judgment
How to Calculate Deadlines
- Exclude day of event: Don't count the day you were served
- Count every day: Include weekends and holidays unless deadline falls on one
- If deadline falls on weekend/holiday: Deadline extends to next business day
- Mail rule: Add 3-5 days if served by mail (varies by jurisdiction)
- Electronic filing: Usually due by midnight in court's time zone
What Pro Se Litigants Commonly Misunderstand
❌ "I have 30 days from when I received it in the mail"
Reality: Deadline usually runs from date of service, not when you actually received it. Check the proof of service date.
❌ "The judge will give me more time if I ask"
Reality: Extensions are not automatic. You must file a motion showing good cause, and some deadlines cannot be extended.
❌ "If I file one day late, it's no big deal"
Reality: Courts strictly enforce deadlines. Even one day late can result in default or dismissal.
How This Issue Is Typically Researched
Step 1: Identify Applicable Rules
- Federal court: FRCP and local rules
- State court: State rules of civil procedure and local rules
- Check court's website for local rules
Step 2: Calculate Your Deadline
- Find the triggering event (service, filing, etc.)
- Count days according to rules (exclude first day, include last)
- Add extra days if served by mail
- Extend if deadline falls on weekend/holiday
Step 3: Create a Deadline Calendar
- Mark all deadlines on calendar
- Set reminders 1 week and 1 day before
- Build in buffer time for preparation
- Track all case deadlines in one place
Common Procedural Risks or Traps
⚠️ Jurisdictional Deadlines Cannot Be Extended
Some deadlines (like appeal deadlines) are "jurisdictional"—courts have no power to extend them, even for good cause.
Critical Deadlines
- Answer deadline: Miss this and you face default judgment
- Appeal deadline: Miss this and you lose right to appeal forever
- Motion to dismiss deadline: Some defenses waived if not raised in first motion
- Discovery deadlines: Court-ordered deadlines are strictly enforced
Requesting Extensions
- File motion for extension BEFORE deadline expires
- Show good cause (illness, emergency, etc.)
- Indicate if other party agrees (stipulation)
- Some courts allow one extension by stipulation
- Don't rely on extension being granted—file on time if possible
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The information on this page is for educational purposes only. Laws vary by jurisdiction and change over time. You should verify any information with current legal sources applicable to your specific situation.
If you need legal advice, you should consult with a licensed attorney in your jurisdiction who can review the specific facts of your case.
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