What is the deadline for responsive pleadings in California?
Asked by: Dr. Bradly Schroeder MD | Last update: November 4, 2025Score: 4.8/5 (49 votes)
Generally, you have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays. If the last day falls on a day that the court is closed, you have until the next day that the court is open.
How long do you have to file a responsive pleading in California?
(d) Timing of responsive pleadings
The parties may stipulate without leave of court to one 15-day extension beyond the 30-day time period prescribed for the response after service of the initial complaint.
Is there an extension to file responsive pleading in California?
If the parties are not able to meet and confer at least five days prior to the date the responsive pleading is due, the demurring party shall be granted an automatic 30-day extension of time within which to file a responsive pleading, by filing and serving, on or before the date on which a demurrer would be due, a ...
What is the deadline to file responsive pleading in federal court?
Unless another time is specified by this rule or a federal statute, the time for serving a responsive pleading is as follows: (A) A defendant must serve an answer: (i) within 21 days after being served with the summons and complaint; or (ii) if it has timely waived service under Rule 4(d), within 60 days after the ...
When would a responsive pleading not be required?
If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may assert at the trial any defense in law or fact to that claim for relief.
Attacking the Complaints/Pleadings in California Civil Procedure
What are examples of responsive pleadings?
A common type of responsive pleading is an answer . For example, a person files a suit against his former employer for wrongful termination by alleging retaliation and citing several of the employer's actions.
How many days to respond to a request for prior pleadings?
You typically have 30 days to respond to the request.
Is a motion to dismiss a responsive pleading?
One of the more common responsive pleadings is a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), which can be asserted by any party against whom a claim is asserted.
How long do you have to respond to a response in federal court?
Reply Deadline
The deadline to file a reply is 14 days before the motion hearing date. You may not file a response to a reply without permission from the Court.
What are the three types of pleadings?
There are several types of pleadings in civil litigation. These include complaints, which serve as the basis of the legal action, and answers, which are the responses to the complaints. There may also be counterclaims, crossclaims, and third-party claims, which are also types of pleadings.
How are responsive pleadings amended?
A party may amend the party's pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been noticed for trial, the party may so amend it at any time within 20 days after it is served.
What is the rule 37 in California?
Rule 37 authorizes the court to direct that parties or attorneys who fail to participate in good faith in the discovery process pay the expenses, including attorney's fees, incurred by other parties as a result of that failure.
Is an anti SLAPP motion a responsive pleading California?
Anti-SLAPP motions are filed early in the litigation process, usually as a responsive pleading to the complaint and before discovery begins.
How long do you have to file a respondent's brief in California?
(2) A respondent must serve and file its brief within 30 days after the appellant files its opening brief. (3) An appellant must serve and file its reply brief, if any, within 20 days after the respondent files its brief.
How many days does an out of state defendant have to file a responsive pleading to a civil action complaint in the circuit court for baltimore county?
(1) A defendant who is served with an original pleading outside of the State but within the United States shall file an answer within 60 days after being served.
What is the rule 3.1203 in California?
Time of notice to other parties. A party seeking an ex parte order must notify all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice.
What are responsive pleadings?
What is Responsive Pleading? A pleading that directly responds to the merits of the opponent's pleading, as opposed to filing a motion to dismiss or other attempt to reject a direct response. An answer to the complaint is an example of a responsive pleading.
What is the deadline for filing an answer in federal court?
The Defendant's Answer
Under federal rules, defendants generally have 21 days to file an answer after they are served with a complaint; the U.S. government has 60 or 90 days, depending on whether it has waived service.
How long do you have to respond to a federal subpoena?
The 10-day period for response to a subpoena is extended to 14 days to avoid the complex calculations associated with short time periods under Rule 6 and to allow a bit more time for such objections to be made.
Is there an extension of time to file responsive pleading in California?
If the parties are not able to meet and confer at least 5 days before the date the responsive pleading is due, the demurring party shall be granted an automatic 30-day extension of time within which to file a responsive pleading, by filing and serving, on or before the date on which a demurrer would be due, a ...
Is a motion to strike a responsive pleading?
If moving to strike material from a pleading when a responsive pleading is not allowed, the motion to strike must be made within 21 days after being served with the pleading. FRCP 12(f).
What is the time limit for service of process in California?
Section 583.210 - Service within 3 years after commencement of action against defendant; proof of service (a) The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant.
What is the deadline for motions in California?
Motions: 16 court days before hearing (+5 calendar days for mailing). If the mailing deadline (16+5 days) has passed, but there are still more than 16 court days before the hearing, you can have it served by personal delivery. If you miss the service deadline entirely, you will need to re-schedule your motion.
What is a rule 5 in federal court?
Initial Appearance. (a) In General. (1) Appearance Upon an Arrest. (A) A person making an arrest within the United States must take the defendant without unnecessary delay before a magistrate judge, or before a state or local judicial officer as Rule 5(c) provides, unless a statute provides otherwise.
What is the cut off date for motions before trial in California?
(a) Except as otherwise provided in this chapter, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for the trial of the action.