FEDERAL CIVIL PROCEDURAL TIMELINE

BASICS:
Level of Hierarchy on Governing Rules (highest – lowest):
1. Federal Rules: FRCP
2. California Rules: California Code of Civil Procedural Law & Rules of Court
3. County’s Local Rules, e.g., Alameda Rules
4. Standing Orders: Judge’s Rules

Stage FRCP Rule Timeline Contents – What takes place Remarks

Complaint Rule 3 90 days A civil action is commenced by filing a complaint with the court.
Rule 8(a) Complaint: Allegation of Facts + Claim of Relief (COA) - Grounds for Jx, Pleader entitled to Relief
+ Damages sought
Service of Rule 4  21 days  Contents: (1) Summons, and (2) Copy of Complaint Mail answer w/in 60 days
Process  Answer within  Server: (1a) person  18 yo + (1b) not a party to the case, OR (2) marshal or specially (inside US) or 90 days (outside
60/90 days if D appointed by Plaintiff US)
serves timely o 5 Methods of Serving: (1) personal Service - defendant’s home; (2) substituted Service;
waiver via mail (3) through Agent; (4) Mail; (5) any state method
Pre-Answer Rule 12 14 days 4 Types of Motions to File:  Motion for Judgment on
Motions  MTD [Rule 12(b)]: Before filing an Answer for: (1) Lack of SMJ, (2) Lack of Personal Jx, (3) Pleadings or “MJOP”
Improper Venue, (4) Insufficient Process, (5) Insufficient Service of Process, (6) Failure to state  MJOP vs MTD: MJOP is
after MTD and considers
 MJOP [Rule 12(c)]: After pleadings closed, but before trial delayed ⟶ Treated as MSJ
a claim granting relief, (7) Failure to join necessary party.
Complaint + Answer

ambiguous for party to reasonably prepare a response ⟶ before responsive pleading

 Motion for a More Definitive Statement [Rule 12(e)]: claim for relief is too vague or

o If not obeyed within 14 days (or court's set time), court may strike pleading or issue
sanctions
 MTS [Rule 12(f)]: Strike insufficient defense, redundant, immaterial, impertinent, or
scandalous matter.
o Court may act: (1) on its own, or (2) on motion by a party before responding or w/in 21
days after service
Answer Rule 12  21 days after SOP Content of Answer:
 14 days after Court  Admit/deny each allegation in Complaint or lacking knowledge thereof
Decision on Pre-  Affirmative Defenses: SOL lapse, Assumption of Risk, Contributory Negligence
Answer Motion  Counterclaims or crossclaims: arising from same O/T.
Rule 13 21 days after receiving 2 Types of Counterclaims
an order to reply  Compulsory Counterclaims [Rule 13(a)]: must be filed with Answer; failure to file = barred
for appeal  claims made must arise from same O/T.

Permissive Counterclaims [Rule 13(b)]: NOT same O/T ⟶ independent Jx & controversy
o Does not need to meet Jx amount requirement  can be brought under Supp. Jx.

amount
Amendment Rule 15 21 days  Amendments as a Matter of Right/Matter of Course
o once without court approval: w/in 21 days after serving the pleading or after service of
the responsive pleading / service of Motion (whichever is earlier)
o Other amendments: (1) written consent of OC, or (2) court approval where “justice so
requires”.

 Relation Back Doctrine: filed within 90 days of original pleading ⟶ amendment relates back
o OC Response to Amendment: 14 days or the remaining 21 days (whichever is longer)

to original filing date if (1) from same O/T; (2) complies with applicable SOL
  Changing Parties: permitted if (1) same O/T to original pleading, and (2) new party within the
allowable period for SOP, (2a) receives notice & will not be prejudiced in maintaining their
defense, and (2b) knew or should have known they were the intended D but for a mistaken
identity.

o Obj. to evidence outside of pleadings ⟶ Court permitted

 Conformance to Evidence:

o Can amend to conform issue tried and consented by the parties, even post-judgment ⟶
failure to amend does not affect trial outcome [15(b)]
 Due Process Limitation: affected parties must have a fair opportunity to respond.

preservation, & (4) discovery plan ⟶ 14 days to submit Disc plan to the court
M&C Rule 26(f) 21 days before  21 days before SC: parties must confer on (1) claims, (2) settlement, (3) evidence Sanctions: Failure to attend or
Scheduling Conference comply with order may result
 Mandatory Initial Disclosures [Rule 26(a)(1)]: in (1) Contempt, (2) Striking
o must make certain disclosures automatically, like disclosures of expert testimony and pleadings, (3) Prohibiting
pre-trial evidence, (4) Paying attorney
o Content: (1) discoverable info of relevant individuals, (2) copy/desc. of relevant fees & travel costs.
tangible items to support claims or defenses, (3) calculation of damages, (4) insurance
agreements, if applicable.
o Timeline: w/in 30 days of being served or joining new parties
Scheduling Rule 16(b)  Set dates for joinder, motions, discovery, pretrial conferences, & trial date Also known as CMC in CA
Conference  Cannot modify except by court approval on showing good cause  CMS filed 15d prior to initial
 Judge may order parties to undergo mediation or ADR [Rule 16(a)(5)] CMC date
Discovery Rules 26(c), 30,  RULE: disclose all information then reasonably available that is not privileged and not AWP  CA acknowledges FROG,

 If PO Closed Conf. ⟶
31, 33, 34, 35,  4 Formal Methods of Discovery: SROG, RFA, RFP
37(a) o Written Discovery
 RFP [Rule 34] (respond within 30 days) allocate expenses among
parties & limit nature and
Interrogatories [Rule 33]: (1) FROG; (2) SROG; max 25 questions ⟶ must
 RFA [Rule 36 (respond within 30 days)]
scope of examination or

terminate in cases of abuse
respond in 30 days
o Depositions [Rules 30&31]: max 10 oral & written, each 7 hours
o IME [Rule 35]

MTC [Rule 37(a)]: compel OC to answer the Disc ⟶ Party must certify good
o Tools:

faith effort to resolve, court may order compliance & pay reasonable expenses
unless nondisclosure is substantially justified
 PO [Rule 26(c)]: Make OC stop the Disc req. or hold closed conference
Pretrial Conference Rule 16  Opportunity: Parties meet to settle or resolve the case

 Modification > pleadings ⟶ may be modified to prevent manifest injustice

 Final Pretrial: Formulate trial plan & order controlling subsequent events

 Court may sanction absent party

Expert Disclosures Rule 26(a)(2) 90 days before trial  90 days before trial ⟶ Expert witnesses expected at trial
 Rebuttal Evidence: Must be disclosed within 30 days after rebutting party’s disclosure
Pretrial Disclosures Rule 26(a)(3) 30 days before trial  Witnesses: (1) Expected to call, (2) Will call if needed, (3) Testimonies by deposition

⟶ Impeachment Evidence need not be disclosed

(transcript of pertinent portions), (4) Documents expected to offer or might offer if needed

 Objections: (1) Parties have 14 days after disclosure to serve objections to deposition use
and admissibility
 Waiver: Objections waived unless evidence is irrelevant, prejudicial, or confusing under
Rules 403 & 402 FRE
Trial/Resolution Rule 41(a) Voluntary dismissal
  No Leave of Court: (1) Dismiss by notice, (2) Without prejudice if defendant hasn’t
answered or filed a motion for summary judgment, (3) If previously dismissed on same
claim, dismissal is with prejudice.
 With Leave of Court: Court may dismiss without prejudice unless defendant has answered or

 Pending Counterclaim ⟶ No dismissal unless counterclaims remain pending

filed a motion for summary judgment.

Rule 41(b) Involuntary Dismissal

 Reasons: (1) Failure to prosecute, (2) Non-compliance with FRCP, or (3) Non-compliance
with court order.
 With Prejudice: Operates as adjudication on merits.
 Motion: Either party may file.
Rule 49 & 51 Jury Verdict [Rule 49]
 Unanimous Verdict: Required unless agreed otherwise.
 General Verdict: All essential issues found in favor of prevailing party.
 Special Verdict: Jury makes findings on material facts, and court applies the law.

Jury Instructions [Rule 51]

 Action: At close of evidence, party may file proposed instructions.
 Court’s Duty: Inform parties of intended instructions.
 Objections: Parties can object on the record outside jury presence, unless the erroneous
instruction was plain error that affected a party’s substantial rights.
Rule 50(a) JMOL/Directed Verdict
 When opposing party has no evidence to support their claim or no material facts in dispute.
 Party may object by denying fault and substantiating with evidence.
 Reasonable Juror Standard: No reasonable juror could side with the opposing party.
Rule 50(b) Within 28 days of RJMOL (judgment non obstante veredicto): can only be claimed when JMOL was raised during
judgment trial and denied
Rule 55 Default

motions ⟶ Party may not proceed with action unless the court sets aside the default.
 Clerk’s Notation: D fails to respond within deadline after service through answer or filing

 Default Judgment: Court may decide in defendant's absence if they fail to appear.
o defaulting party loses right to contest liability
o Amount for damages will still be determined and the defaulting party can be present
during such hearings.
o Plaintiff requests and provides evidence for default judgment if (1) the claim is for
a sum certain, (2) default was entered because defendant failed to appear, (3)
default is not an infant or incapacitated, and (4) damages amount is not greater
than the amount requested in the complaint.
 Notice: D can be notified on the request to default judgment by first class mail if they
have appeared but failed to file an answer.
o Given 7 days before the hearing on the default judgment.
o Intent means being physically present in court and intends to contest the case.
 Setting Aside Default: Allowed for "good cause" if defendant shows a meritorious
defense.
Rule 56 must be made during MSJ

matter of law ⟶ Denial of the motion is not appealable.

discovery or w/in 30  Standard: (1) no genuine dispute of material fact and (2) movant entitled to judgment as a
days thereafter

Rule 59(a) Within 28 days after Motions for a New Trial: Additur has been held to violate
judgment  request that a new trial be made because of an error in the first judgement. the 7th Amendment (not
 Reasons: (1) Verdict against weight of evidence, (2) Juror misconduct, (3) Excessive or applicable to states).
inadequate verdict, (4) Remittitur, (5) Additur.
 o Remitter (award so excessive that it “shocks the conscience”) ⟶ P is given the choice

o Additur (award is inadequate) ⟶ judge may not offer the D the choice of accepting a
to accept an award less than what was awarded to her or by submitting to a new trial

higher award but serves as the basis for a new trial.

Rule 60 Within a reasonable Motion to Set Aside or Amend Judgment
time, no later than 1  Grounds: (1) Mistake or excusable neglect, (2) New evidence, (3) Fraud or misconduct, (4)
year Judgment is void or satisfied, (5) Other justified reasons
Appeal Rule 3 & 4 within 30 days of  Extension for Excusable neglect: 30 days from original deadline or 14 days from extension
judgment entry, or 60 grant.
days if U.S. is a party.  Reopen appeal time: 14-day extension if:
o No timely notice received
o Filed within 180 days or 14 days of notice
o No prejudice to opponent