What is the time after service of process to respond in a federal lawsuit?
The default time to respond to a complaint in federal court is 21 days after service of the summons and complaint.[1] If the defendant timely waives service, the answer deadline is 60 days after the waiver request was sent (or 90 days if sent outside the United States).[2]
Federal baseline rule
Under Fed. R. Civ. P. 12(a)(1)(A)(i), a defendant must serve an answer:
within 21 days after being served with the summons and complaint.[1]
Important exceptions
| Situation | Response time |
|---|---|
| Normal service of summons and complaint | 21 days[1] |
| Timely waiver of service under Rule 4(d) | 60 days after waiver request sent[1][2] |
| Waiver request sent outside any U.S. judicial district | 90 days after request sent[1][2] |
| U.S. officer/agency sued in official capacity | 60 days after service on U.S. attorney[1] |
| U.S. officer/employee sued individually for U.S.-related acts | 60 days after service on officer/employee or U.S. attorney, whichever is later[1] |
Timing computation
If the deadline falls on a weekend or legal holiday, the period continues to the next business day under Fed. R. Civ. P. 6(a)(1)(C).[3]