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

SituationResponse time
Normal service of summons and complaint21 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 district90 days after request sent[1][2]
U.S. officer/agency sued in official capacity60 days after service on U.S. attorney[1]
U.S. officer/employee sued individually for U.S.-related acts60 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]

Sources & References

  1. Rule 12. Defenses and Objections; Motion for Judgment on the Pleadings
  2. Federal Rules of Civil Procedure, Rule 4 Summons
  3. Rule 6. Computing and Extending Time; Time for Motion Papers

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