When Is an Answer to a Counterclaim or Crossclaim Due in Federal Court?
Under the Federal Rules of Procedure, an answer to a counterclaim or cross-claim is due twenty-one (21) days after service of the pleading that asserts the counterclaim or crossclaim. Fed. R. Civ. P. 12(a)(1)(B).
Federal Answer to Counterclaim / Cross-Claim
21 days after service. Fed. R. Civ. P. 12(a)(1)(B).
Service date of the counterclaim or cross-claim
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Keep in mind that a complaint is not an answer for this purpose. Under the plain terms of the federal rule cited above, a plaintiff’s failure to serve an answer to a defendant’s counterclaim can result in a default judgment on the claims asserted. When an answer includes a counterclaim and denominates it as such, an answer to that counterclaim is required.
If you are responding to a complaint instead of a counterclaim, see our federal answer deadline calculator.