Effect of a Motion on the Answer Deadline in Federal Court

In federal court, certain motions under Rule 12 of the Federal Rules of Civil Procedure postpone a defendant’s deadline to serve an answer. These motions must be filed before a responsive pleading—typically the answer—is due. Once such a motion is filed, the defendant’s time to answer is suspended until the court rules on the motion or otherwise orders a new deadline.

1. Why Rule 12 Motions Delay the Answer Deadline

Federal Rule of Civil Procedure 12(a)(4) expressly provides that filing a motion under Rule 12 changes the timing for the responsive pleading:

“Unless the court sets a different time, serving a motion under this rule alters these periods as follows:
(A) if the court denies the motion or postpones its disposition until trial, the responsive pleading must be served within 14 days after notice of the court’s action; or
(B) if the court grants a motion for a more definite statement, the responsive pleading must be served within 14 days after the more definite statement is served.”

This provision prevents parties from filing an answer while a motion that could narrow or dispose of the case is pending.

2. Common Motions That Trigger Rule 12(a)(4)

The most common Rule 12 motions that toll the answer deadline include:

• Rule 12(b)(1) – lack of subject-matter jurisdiction
• Rule 12(b)(2) – lack of personal jurisdiction
• Rule 12(b)(3) – improper venue
• Rule 12(b)(4) – insufficient process
• Rule 12(b)(5) – insufficient service of process
• Rule 12(b)(6) – failure to state a claim upon which relief can be granted
• Rule 12(b)(7) – failure to join a required party
• Rule 12(e) – motion for a more definite statement

A motion under any of these subsections delays the time to answer until the motion is resolved or the court sets a new schedule.

3. Effect of Partial Motions to Dismiss

When a defendant files a Rule 12(b)(6) motion for partial dismissal, the motion generally tolls the deadline to answer the entire complaint—not just the claims targeted by the motion—unless the court orders otherwise.

In some jurisdictions, defendants may file a partial motion to dismiss and then wait until the court rules before filing an answer to any claims.

4. Timing After the Motion Is Resolved

After the court rules:

Rule 6(a) governs time computation—exclude the day of notice, include weekends and holidays, and extend to the next business day if the deadline falls on a weekend or federal holiday.

5. Practice Tips

• Do not answer while a Rule 12 motion is pending, unless the court orders otherwise.
• Calendar the answer deadline immediately after the ruling—it’s only 14 days, and courts expect compliance.
• Check local rules: some districts require filing an answer concurrently with certain motions, though this is rare.
• Avoid premature defaults: if multiple defendants are involved and only one files a Rule 12 motion, the motion’s tolling effect usually applies only to that movant, not co-defendants who did not join.

Filing a Rule 12 motion—whether to dismiss, for a more definite statement, or for jurisdictional reasons—tolls the time to answer. Once the motion is decided or deferred, the defendant has 14 days to serve an answer, unless the court sets a different schedule. Always verify local rules and docket orders to avoid missing this short post-motion window.