Initial Pleadings and Motions Flowchart

Plaintiff starts action by filing complaint with the court (FRCP 3)

0-120 days after lawsuit

is commenced
Plaintiff serves summons and
complaint on each defendant
(FRCP 4(m)).

0-80 days after lawsuit is commenced (0-50 days if defendant is outside the US)
Plaintiff serves notice of action and request to waive service of summons on each defendant (FRCP 4(d)(1)).

0-120 days after lawsuit

is commenced

At least 30 days after request to waive service sent

(at least 60 days if defendant is outside the US)

0-21 days after service of

summons and complaint
Defendant serves and files its
answer (and any compulsory
counterclaims under FRCP 13) or
motion under FRCP 12 (FRCP 12(a)
(1)(A)(i); FRCP 12(b),(e),(f)).

Defendant agrees to waive service and returns the waiver

to plaintiff (FRCP 4(d)(1)(F)).
Plaintiff then has 120 days from the date the complaint
was filed with the court in which to file the executed waiver
of service (FRCP 4 (d)(4),(m)).

0-21 days after service of summons

and complaint
60 days after request to waive service sent
(90 days if defendant is outside the US)
Defendant serves and files its answer (with any
compulsory counterclaims under FRCP 13), or a motion
under FRCP 12 (FRCP 4(d)(3)).

Defendant serves FRCP 12 motion [Click on text]

Plaintiff has [X] days to serve an opposition (see FRCP 6(c) and court's local rules).
Defendant has [X] days to serve a reply (see court's local rules).
Court may conduct hearing on motion (see courts local rules as to whether oral
argument must be requested).

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If defendant does not agree to waive service, then plaintiff serves summons and complaint on each defendant
(FRCP 4(m)).

Defendant serves and files its answer (and any compulsory counterclaims under FRCP 13) or motion under FRCP
12 (FRCP 12(a)(1)(A)(i); FRCP 12(b),(e),(f)).

Defendant serves answer

without counterclaims or
cross-claims
[Click on text]

Defendant serves answer

with counterclaims or
cross-claims
[Click on text]

Initial Pleadings and Motions Flowchart

Defendant serves FRCP 12 motion

[Go back]
Plaintiff has [X] days to serve an opposition (see FRCP 6(c) and court's local rules).
Defendant has [X] days to serve a reply (see court's local rules).
Court may conduct hearing on motion (see courts local rules on whether oral argument must be requested).

Motion to dismiss (FRCP 12(b))

Court grants
defendant's
motion;
all claims
dismissed
with
prejudice

Court grants
defendants
motion;
all claims
dismissed
without
prejudice

Plaintiff has
30 days from
entry of final
judgment (or
60 days if US
is a party) to
file notice of
appeal (FRAP
4(a)(1)(A)(B)).

Court sets
time for
plaintiff to
amend
complaint.
Defendant
has the later
of 14 days
after service
of the
amended
pleading or
the time
remaining to
respond to
the
original
pleading in
which to
serve
answer or a
motion under
FRCP 12
(FRCP
15(a)(3)).

Court grants
defendant's
motion in
part/denies
in part; some
claims
dismissed,
some claims
remain
Defendant
has 14 days
from notice of
court's action
in which to
serve answer
(FRCP
12(a)(4)(A)).
Plaintiff has
30 days from
entry of final
judgment (or
60 days if US
is a party) to
file notice of
appeal (FRAP
4(a)(1)(A)(B)).

Motion for a more definite statement (FRCP 12(e))

Court denies
defendant's
motion or
postpones
disposition
until trial
Defendant
has 14 days
from notice of
court's action
in which to
serve answer
(FRCP 12
(a)(4)(A)).

Court grants
defendant's
motion

Court sets
time for
plaintiff to
amend
complaint.
Defendant
has 14 days
after service
of amended
complaint to
serve answer
or a motion
under FRCP
12 (FRCP
12(a)(4)(B)).

Court denies
defendant's
motion or
postpones
disposition
until trial
Defendant
has 14 days
from notice
of court's
action in
which to
serve answer
(FRCP
12(a)(4)(A)).

Motion to strike (FRCP 12(f))

Court grants
defendant's
motion and
strikes
entire
complaint

Plaintiff has
30 days from
entry of final
judgment
(or 60 days if
US is a party)
to file notice
of appeal
(FRAP 4(a)(1)
(A)-(B)).
Court may
set date for
Plaintiff to
serve
amended
complaint.

Court grants
defendant's
motion in
part/denies
in part; parts
of complaint
stricken,
parts remain
Defendant
has 14 days
from notice
of court's
action in
which to
serve answer
(FRCP
12(a)(4)(A)).
Plaintiff has
30 days from
entry of final
judgment (or
60 days if US
is a party) in
which to file
notice of
appeal (FRAP
4(a)(1)(A)(B)).

Court denies
defendant's
motion or
postpones
disposition
until trial

Defendant
has 14 days
from notice
of court's
action in
which to
serve answer
(FRCP
12(a)(4)(A)).

2014 Thomson Reuters. All rights reserved.

Initial Pleadings and Motions Flowchart

Defendant serves answer without counterclaims or cross-claims

[Go back]

Plaintiff does nothing

Case proceeds.

0-21 days after being served with defendants answer

Plaintiff serves motion to strike (FRCP 12(f)).
Defendant has [X] days to serve an opposition (see FRCP 6(c)
and court's local rules).
Plaintiff has [X] days to serve a reply (see court's local rules).
Court may conduct hearing on motion (see courts local rules
on whether oral argument must be requested).

Court grants motion and strikes answer

(in whole or in part)
Defendant has 30 days from entry of final judgment (or 60 days if
US is a party) in which to file notice of appeal (FRAP 4(a)(1)(A)-(B)).
Court may set date for Defendant to serve amended answer.

2014 Thomson Reuters. All rights reserved.

Court denies motion

Case proceeds.

Initial Pleadings and Motions Flowchart

Defendant serves FRCP 12 motion

[Go back]

0-21 days after being served

with defendant's counterclaims
or cross-claims

0-21 days after being served

with defendants answer

Counterclaim or Cross-Claim
Defendant (CCD) serves answer
asserting no new claims against
defendant (FRCP 12(a)(1)(B)).

0-21 days after being served

with CCD's answer
Defendant serves motion to
strike (FRCP 12(f)).
CCD has [X] days to serve an
opposition (see FRCP 6(c) and
court's local rules).
Defendant has [X] days to
serve a reply (see court's local
rules).
Court may conduct hearing on
motion (see courts local rules
on whether oral argument
must be requested).

Court grants motion and strikes

answer (in whole or in part)
CCD has 30 days from entry of
final judgment (or 60 days if US
is a party) in which to file notice
of appeal (FRAP 4(a)(1)(A)-(B)).
Court may set date for CCD to
serve amended answer.

Defendant
does nothing
Case
proceeds.

Counterclaim or Cross-Claim
Defendant (CCD) serves FRCP
12 motion (FRCP 12(a)(1)(B);
FRCP 12(b),(e),(f)).
Defendant has [X] days to
serve an opposition (see FRCP
6(c) and court's local rules).
CCD has [X] days to serve a
reply (see court's local rules).
Court may conduct hearing on
motion (see courts local rules
on whether oral argument
must be requested).

Motion to
dismiss
(FRCP 12(b))
[Click on text]

Court denies
motion

0-21 days after being served

with defendant's counterclaims
or cross-claims

Motion
for a more
definite
statement
(FRCP 12(e))
[Click on text]

Counterclaim or Cross-Claim
Defendant (CCD) serves answer
with counterclaims or crossclaims (FRCP 12(a)(1)(B)).

0-21 days after

being served
with CCD's
counterclaims
or cross-claims
[Click on text]

Motion to
strike
(FRCP 12(f))
[Click on text]

Defendant
serves answer
asserting no
new claims
against CCD
(FRCP 12
(a)(1)(B)).

0-21 days after being

served with CCD's counterclaims or cross-claims
[Click on text]
Defendant serves FRCP 12
motion (FRCP 12(a)(1)(B);
FRCP 12(b),(e),(f)).
CCD has [X] days to serve
opposition (see FRCP 6(c)
and court's local rules).
Defendant has [X] days to
serve reply (see court's local
rules).
Court may conduct hearing on motion (see court's
local rules on whether oral
argument must be requested).

Case
proceeds.

2014 Thomson Reuters. All rights reserved.

Initial Pleadings and Motions Flowchart

Motion to dismiss (FRCP 12(b))

[Go back]

Court grants CCD's

motion; all counter or
cross-claims dismissed
with prejudice
Defendant has 30
days from entry of
final judgment (or 60
days if US is a party)
to file notice of appeal
(FRAP 4(a)(1)(A)-(B)).

2014 Thomson Reuters. All rights reserved.

Court grants CCD's

motion; all claims
dismissed without
prejudice

Court grants CCDs

motion in part/denies
in part; some claims
dismissed, some
claims remain

Court sets time for

defendant to amend
counterclaims or
cross-claims.
CCD has the later of
14 days after service
of the amended
pleading or the time
remaining to respond
to the original
pleading in which to
serve answer or a
motion under FRCP 12
(FRCP 15(a)(3)).

CCD has 14 days from

notice of court's action
in which to serve
answer to defendants
counterclaims or
cross-claims (FRCP
12(a)(4)(A)).
Defendant has 30
days from entry of
final judgment (or 60
days if US is a party)
in which to file notice
of appeal (FRAP
4(a)(1)(A)-(B)).

Court denies CCD's

motion or postpones
disposition until trial

CCD has 14 days

from notice of court's
action in which to
serve answer to
defendants counterclaims
or cross-claims
(FRCP 12(a)(4)(A)).

Initial Pleadings and Motions Flowchart

Motion for a more definite

statement (FRCP 12(e))
[Go back]

Court grants CCD's motion

Court sets time for defendant
to amend counterclaims or
cross-claims.
CCD has 14 days after service
of amended counterclaims or
cross-claims in which to
serve answer or a motion
under FRCP 12 (FRCP
12(a)(4)(B)).

Court denies CCDs motion

CCD has 14 days from notice
of courts action in which to
serve answer (FRCP
12(a)(4)(A)).

2014 Thomson Reuters. All rights reserved.

Initial Pleadings and Motions Flowchart

Motion to strike (FRCP 12(f))

[Go back]

Court grants CCD's motion

and strikes all counterclaims
or cross-claims

Defendant has 30 days

from entry of final judgment
(or 60 days if US is a party)
in which to file notice of
appeal (FRAP 4(a)(1)(A)-(B)).
Court may set date for
Defendant to serve amended
pleading.

2014 Thomson Reuters. All rights reserved.

Court grants CCD's motion

in part/denies in part; parts
of counterclaims or crossclaims stricken,
parts remain
Defendant has 30 days
from entry of final judgment
(or 60 days if US is a party)
in which to file notice of
appeal (FRAP 4(a)(1)(A)-(B)).
CCD has 14 days from
notice of court's action in
which to serve answer to
counterclaims or crossclaims (FRCP 12(a)(4)(A)).

Court denies CCD's motion

or postpones disposition
until trial

CCD has 14 days from

notice of the court's action
in which to serve answer
to counterclaims or
cross-claims (FRCP
12(a)(4)(A)).

Initial Pleadings and Motions Flowchart

0-21 days after being served with

CCD's counterclaims or cross-claims
[Go back]
Defendant serves answer asserting no new
claims against CCD (FRCP 12(a)(1)(B)).

0-21 days after being served with

defendant's answer
CCD serves a motion to strike (FRCP 12(f)).
Defendant has [X] days to serve an opposition (see FRCP
6(c) and court's local rules).
CCD has [X] days to serve a reply (see court's local rules).
Court may conduct hearing on motion (see court's local
rules on whether oral argument must be requested).

Court grants motion and strikes

answer (in whole or in part)
Defendant has 30 days from entry of final
judgment (or 60 days if US is a party) in which to
file notice of appeal (FRAP 4(a)(1)(A)-(B)).
Court may set date for Defendant to serve
amended answer.

CCD does nothing

Case proceeds.

Court denies motion

Case proceeds.

2014 Thomson Reuters. All rights reserved.

Initial Pleadings and Motions Flowchart

0-21 days after being served with CCD's counterclaims or cross-claims

[Go back]
Defendant serves FRCP 12 motion (FRCP 12(a)(1)(B); FRCP 12(b),(e),(f)).
CCD has [X] days to serve opposition (see FRCP 6(c) and court's local rules).
Defendant has [X] days to serve reply (see court's local rules).
Court may conduct hearing on motion (see court's local rules on whether oral argument must be requested).

Motion to dismiss (FRCP 12(b))

Court grants
defendant's
motion;
all counterclaims
or cross-claims
dismissed with
prejudice
CCD has 30
days from
entry of final
judgment (or
60 days if US
is a party) to
file notice of
appeal (FRAP
4(a)(1)(A)(B)).

03-14

Court grants
defendants
motion;
all claims
dismissed
without
prejudice

Court sets
time for CCD
to amend
counterclaims
or crossclaims.
Defendant
has the later
of 14 days after
service of the
amended
pleading or
the time
remaining to
respond to the
original
pleading in
which to serve
answer or a
motion under
FRCP 12 (FRCP
15(a)(3)).

Court grants
defendant's
motion in
part/denies
in part; some
claims
dismissed,
some claims
remain
Defendant
has 14 days
from notice of
court's action
in which to
serve answer
to CCDs
counterclaims
or crossclaims
(FRCP
12(a)(4)(A)).
CCD has
30 days from
entry of final
judgment (or
60 days if US
is a party) to
file notice of
appeal (FRAP
4(a)(1)(A)(B)).

Motion for a more definite statement (FRCP 12(e))

Court denies
defendant's
motion or
postpones
disposition
until trial

Defendant
has 14 days
from notice of
court's action
in which to
serve answer
to CCDs
counterclaims
or crossclaims
(FRCP 12
(a)(4)(A)).

Court grants
defendant's
motion

Court denies
defendant's
motion

Court sets
time for CCD
to amend
counterclaims
or crossclaims.
Defendant
has 14 days
after service
of amended
counterclaims
or crossclaims
in
which to
serve answer
or a motion
under FRCP
12 (FRCP
12(a)(4)(B)).

Defendant
has 14 days
from notice
of court's
action in
which to
serve answer
(FRCP
12(a)(4)(A)).

Motion to strike (FRCP 12(f))

Court grants
defendant's
motion and
strikes all
counterclaims
or crossclaims

CCD has 30
days from
entry of final
judgment
(or 60 days if
US is a party)
to file notice
of appeal
(FRAP 4(a)(1)
(A)-(B)).
Court may
set date for
CCD to
serve
amended
pleading.

Court grants
defendant's
motion in
part/denies in
part; parts of
counterclaims
or crossclaims
stricken,
parts remain
Defendant
has 14 days
from notice
of court's
action in
which to serve
answer to
counterclaims
or crossclaims
(FRCP
12(a)(4)(A)).
CCD has 30
days from
entry of final
judgment (or
60 days if US
is a party) in
which to file
notice of
appeal (FRAP
4(a)(1)(A)(B)).

Court denies
defendant's
motion or
postpones
disposition
until trial

Defendant
has 14 days
from notice
of court's
action in
which to
serve answer
to counterclaims
or
crossclaims
(FRCP
12(a)(4)(A)).

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