Deadline to Reply to an Answer in Federal Court (If Ordered)

Under the Federal Rules of Civil Procedure, a reply to an answer is not required unless the court specifically orders one. This rule often surprises litigants who expect a formal back-and-forth after the defendant files an answer.

Rule Framework

Federal Rule of Civil Procedure 7(a) identifies the only allowable pleadings in federal civil cases:

1. A complaint;
2. An answer to a complaint;
3. An answer to a counterclaim designated as a counterclaim;
4. An answer to a cross-claim;
5. A third-party complaint;
6. An answer to a third-party complaint; and
7. “If the court orders one, a reply to an answer.”

That final clause makes clear that a reply to an answer is permitted only when a judge directs it.

When such an order issues, Federal Rule of Civil Procedure 12(a)(1)(C) governs the timing:

“A party must serve a reply to an answer within 21 days after being served with an order to reply, unless the order specifies a different time.”

Thus, a reply is due 21 days after service of the order, unless the court sets another deadline.

Key Takeaways

• Default rule: No reply is needed unless the court orders one.
• If ordered: Serve the reply within 21 days after service of the order (or by the date specified).
• Content: The reply should admit or deny any new factual allegations raised in the answer.
• Authority: Fed. R. Civ. P. 7(a)(7) and 12(a)(1)(C).

Courts rarely order replies to answers in ordinary civil cases. Such orders typically arise when a defendant’s answer includes affirmative defenses or new matters the judge wants the plaintiff to address formally.

Special Context: Habeas Corpus Proceedings

A different rule applies to habeas corpus cases filed by state prisoners under 28 U.S.C. § 2254.
Under Rule 5(e) of the Rules Governing Section 2254 Cases, a petitioner may file a reply to the respondent’s answer or other pleading within the time fixed by the judge.

This provision allows, but does not require, a reply—mirroring the discretionary nature of Rule 7(a) in civil cases.

Practice Note

If you receive an order directing a reply to an answer:

• Calendar the 21-day deadline immediately.
• Draft the reply to address only the issues specified in the order.
• Confirm whether the court requires a verified reply or any special formatting (some local rules do).

Failure to comply with a court-ordered reply deadline may be treated as a waiver or delay the proceedings.

Summary Table