Federal Answer Deadlines (FRCP 12(a)) — 2025 Guide
When you’re served with a complaint in federal court, the clock starts ticking fast. The Federal Rules of Civil Procedure (FRCP) set strict time limits for filing an answer or responsive motion. Missing a federal deadline can result in a default judgment — so it’s critical to understand the rules and exceptions.
This page summarizes the key federal answer deadlines under Rule 12(a) and provides a quick reference chart to keep your filings on track.
🕒 How Long Do I Have to Answer a Federal Lawsuit?
Under Rule 12(a)(1)(A) of the Federal Rules of Civil Procedure:
- A defendant must serve an answer within 21 days after being served with the summons and complaint.
- If the defendant has waived service under Rule 4(d), the answer is due within 60 days after the waiver request was sent (or 90 days if the defendant is outside the United States).
- If a motion under Rule 12(b) (e.g., to dismiss) is filed, the time to answer is suspended until 14 days after the court denies the motion or postpones its disposition.
⚖️ Federal Answer Deadline Chart
| Type of Service | Time to Answer | Rule Reference |
|---|---|---|
| Personal service in the U.S. | 21 days after service | FRCP 12(a)(1)(A)(i) |
| Waiver of service (U.S. defendant) | 60 days after request sent | FRCP 12(a)(1)(A)(ii) |
| Waiver of service (defendant outside U.S.) | 90 days after request sent | FRCP 12(a)(1)(A)(ii) |
| U.S. agency, officer, or employee sued in official capacity | 60 days after service on U.S. attorney | FRCP 12(a)(2) |
| United States (as defendant) | 60 days after service on U.S. attorney | FRCP 12(a)(2) |
| Federal officer or employee sued individually for acts under color of office | 60 days after service on officer and U.S. attorney | FRCP 12(a)(3) |
| After court denies or postpones a Rule 12 motion | 14 days after order | FRCP 12(a)(4) |
💡 Common Scenarios
Multiple Defendants
Each defendant’s 21-day clock runs independently from the date they were served.
Amended Complaints
If a complaint is amended, a new 14-day window opens for any defendant who has already answered, unless the court orders otherwise (FRCP 15(a)(3)).
Cross-Claims and Counterclaims
The responding party has 21 days after service of the pleading containing the claim to file an answer (FRCP 12(a)(1)(B)).
Service by Mail or Waiver
When service is waived under Rule 4(d), defendants effectively gain an extension to 60 or 90 days, but they waive objections to service itself.
⚙️ How to Calculate Federal Answer Deadlines
Federal time computation is governed by Rule 6(a):
- Exclude the day of service.
- Count every day afterward, including weekends and holidays.
- If the last day falls on a weekend or federal holiday, the deadline extends to the next business day.
Example:
If served on March 1, the 21-day period ends March 22.
If March 22 is a Sunday, the answer is due Monday, March 23, by 11:59 p.m. local court time.
🧮 Need a Quick Calculation?
⚠️ Avoid Default
Federal courts strictly enforce answer deadlines. If you miss one, opposing counsel may move for default under Rule 55(a). Reversing a default requires showing both excusable neglect and a meritorious defense — something far more difficult than answering on time.
📘 Related Resources
Disclaimer
This resource is for informational purposes only and does not constitute legal advice. Always verify deadlines using the Federal Rules of Civil Procedure, local court rules, and applicable orders in your case.
