Unless ordered, a reply to an answer is not necessary pursuant to the Federal Rules of Civil Procedure. Specifically, Rule 7(a) establishes that plaintiffs may not file a reply to an answer except in specific circumstances. In those circumstances, a reply to an answer is due twenty-one (21) days after the order for a reply is served. Fed. R. Civ. P. 12(a)(1)(C).
When Is a Reply to an Answer Due in Federal Court?
Reply to an Answer (If Ordered)
21 days after service of the order. Fed. R. Civ. P. 12(a)(1)(C).
Service date of the order requiring a reply
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This rule differs from certain habeas proceedings. In cases brought by state prisoners under 28 U.S.C. § 2254, the petitioner may file a reply to the respondent’s answer if permitted by the judge. See Rule 5(e) of the Rules Governing Section 2254 Cases.
If you are responding to a complaint rather than replying to an answer, see our federal answer deadline calculator.
