When Is the Answer to a Federal Counterclaim or Cross-Claim Due?
Under Federal Rule of Civil Procedure 12(a)(1)(B), a party must serve an answer to a counterclaim or cross-claim within 21 days after being served with the pleading that asserts that claim. This 21-day response window applies regardless of whether the counterclaim or cross-claim is permissive or compulsory.
In other words, when a defendant files an answer that includes a counterclaim, the opposing party—usually the plaintiff—must serve a separate answer to that counterclaim within twenty-one (21) days after service of the pleading containing it. The same timeline applies when one defendant asserts a cross-claim against another party.
It’s important to note that a complaint does not qualify as an answer for this purpose. The rule distinguishes between an initial pleading (such as a complaint) and a responsive pleading (such as an answer). Therefore, if a plaintiff does not timely answer a counterclaim, that failure may expose the plaintiff to default under Rule 55, just as a defendant’s failure to answer a complaint would.
Once served, the answer to a counterclaim or cross-claim should respond to each allegation in numbered paragraphs, admit or deny the material facts, and assert any applicable affirmative defenses under Rule 8(b)–(c). If a party asserts additional claims in that answer, it must label them as counterclaims or cross-claims to clarify the pleading’s function and preserve the right to respond.
As a practical matter:
- The 21-day clock begins on the date of service of the pleading that asserts the counterclaim or cross-claim (not its filing date).
- Time is computed under Rule 6(a)—excluding the day of service, counting every calendar day thereafter, and extending to the next business day if the 21st day falls on a weekend or legal holiday.
- The court may enlarge the time to answer under Rule 6(b) if good cause is shown before the deadline expires.
Failing to serve a timely answer risks an entry of default and, ultimately, a default judgment on the counterclaim or cross-claim.
