IPE Quick Tips

Quick Tips

Quick Tips for Federal Rules of Procedure
guest author: Candy J. Ryan, CRP

The Federal Rules of Procedure are your go to for preparation for trial in any matter; of course you must also refer to Local Rules of Court and the Judge's Rules of Court for any additional deadlines and forms of documents required by your assigned judge. The scheduling order issued by the court may contain some or all of the relevant deadlines but it is always a good idea to review and calendar any additional statutory deadlines along with the court's deadlines. I have prepared charts for relevant district courts and for some judges for use in calculating my deadlines and calendaring the same.

Below are the most relevant rules of procedure to use in preparing for trial.

Deadline to serve a defendant	90 days after complaint is filed, the court must dismiss the	FRCP 4(m)
Deadline for Defendant to answer Complaint	Must be served within 21 days after being served with summons and complaint; If it has timely waived service within 60 days after the request for waiver was sent	FRCP 12(A)(i) FRCP 12 (A)(ii)
Deadline for Court to issue scheduling order	A judge MUST issue a scheduling order within 90 days after any Defendant has been served with a complaint or 60 days after any defendant has appeared	FRCP 16(b)(2)
Deadline to serve written motion and a notice of hearing on a motion	Must be served 14 days before the hearing	FRCP 6(c)(1)
Deadline to Amend pleading	21 days after serving it; or 21 days after service of a responsive pleading or motion	FRCP 15(1)(A)-(B)
Deadline to respond to amended pleading	14 days after service of amended pleading	FRCP 15(a)(3)
Deadline to file appeal	Within 14 days after the order is entered	FRCP 23(f)
Deadline to reply to an answer - A party must serve a reply to an answer	Within 21 days after being served with an order to reply	FRCP 12(1)(C)
Deadline to file Counter Claim - A party must serve an answer to a counterclaim or crossclaim	Within 21 days after being served	FRCP 12(1)(B)
Deadline to file Motion to Strike	Within 21 days after being served with the pleading	FRCP 12(f)(2)
Deadline for Parties to confer on Rule 26(a)(1) conference	Within 21 days before a scheduling conference is to be held or scheduling order is due	FRCP 26(f)
Deadline for Initial disclosures	A party MUST make the initial disclosures at or within 14 days after the Parties' Rule 26(f) conference; unless stipulated	FRCP 26(a)(1); FRCP 26(a)(C)
Deadline to file a disclosure statement identifying any parent corporation and any publicly held corporation owning 10% or more of its stock ("certificate of Interested parties")	File the disclosure statement with the first appearance, pleading, petition, motion, response or other request addressed to the court	FRCP 7.1(b)(1)
Deadline for the parties to confer regarding discovery planning	At least 21 days before scheduling conference	FRCP 26(f)(1)
Deadline for parties to file proposed joint discovery plan	At least 14 days before scheduling conference. Check local rules and court's rules for any form of "report" or "Order".	FRCP 26(f)(2)
Early Rule 34 Requests	Can be delivered more than 21 days after summons and complaint served; DEEMED served at first Rule 26(f) conference	FRCP 26(d)(2)(A)-(B)
Deadline for filing Motion for Summary Judgment	30 days after close of discovery	FRCP 56(b)
Deadline to designate Expert Witnesses and provide report	No later than 90 days before trial setting	FRCP 26(a)(2)(D)(i)
Deadline To designate Rebuttal Experts	No later than 30 days after the other parties' disclosure	FRCP 26(a)(2)(D)(ii)
Deadline for Pretrial Disclosures	30 days before trial: (1)Name address and telephone number of each witness; (2) designation of witnesses testimony expect to present by deposition; (3) identification n of each document or exhibit to be offered	FRCP 26(a)(3)(A)(i)-(iii)
Deadline to object to Pretrial Disclosures	14 days after they are made: any objections to deposition designations and objection to admissibility of exhibits	FRCP 26(a)(3(B)
Deadline for proposed findings of fact and conclusions of law	otherwise stated on the record after close of evidence at trial	FRCP 52
Deadline file bill of costs	14 days after trial	FRCP 54(d)(1)
Deadline to file Motion for New Trial	28 days after entry of judgment	FRCP 60(b)

Candy J. Ryan, CRP, is currently employed as a litigation paralegal at The Silvera Firm. She has extensive experience handling commercial litigation, insurance defense, and non-subscriber defense. Ms. Ryan has ably assisted attorneys with litigation case management, including but not limited to, preparing and responding to discovery requests, records retrieval, review and analysis, as well as preparing for trials, arbitrations, depositions and hearings and has participated in evidentiary presentations at trial and arbitration. She is experienced in the preparation and filing of pleadings, documents and discovery in both federal and state courts in numerous jurisdictions, including, Texas, California, Washington, Oregon, Arkansas, Oklahoma, New Jersey, New York and Florida. Ms. Ryan has been an active part of the legal community since 1980, having worked in Seattle, San Diego, and Dallas. She earned her B.A. degree from California Creek University. She is a graduate of the University of San Diego, ABA accredited Paralegal Studies Program and has specialized in litigation for more than 30 years. In addition, Ms. Ryan is one of the initial 16 paralegals to be certified by the National Federation of Paralegal Association (NFPA) as a CORE Registered Paralegal in the state of Texas and one of the first 200 CRPs in the United States. She has also served as chair of the Dallas Area Paralegal Association Litigation section since 2009, she served as President (2011), President-elect (2010), Education Vice President (2012-2013) and currently serves as the Sustaining Member Liaison and Parlimentarian.