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When a defendant files a complaint in federal court how many…

When a defendant files...

When a defendant files a complaint in federal court how many days does the defendant have to respond to complaint. I read on line 21 days plus 60 days for date of filing . let me give u a example if I filed a civil suit in federal court on the 8/8/17 . this suit is concerning discrimination what date does the defendant have to answer the complaint.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Has anything been filed or reported?

Yes in the eastern district court texas on 8/8/17

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Answered in 7 minutes by:
10/27/2017
legalgems
legalgems, Lawyer
Category: Legal
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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The proper time frame for responding to a complaint in federal district court is 21 days after service, unless the parties stipulate to an extension (for example please see here) or unless the defendant files a motion requesting the court to extend the time to answer (for example, to seek counsel).

Once the relevant time frame lapses, the plaintiff may file a request for the court to enter a default judgment (essentially awarding the plaintiff all the requested relief based on the defendant's failure to respond, which indicates the lack of intent to contest the allegations contained in the complaint). Please see here

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Customer reply replied 7 months ago
my question is the defendant if I am reading your unopposed to extend. I check pacer daily and there is on the filing there . there is no filing requesting a extension. does this mean the defendant has to requests to the court a extension to reply to lawsuit. the suit was filed on 8/8/17 and there has been no reply as of today on the lawsuit in federal court. no requests for 60 day extension and does defendant 60 days extension include work days are callendaer days.

Per Rule 6 (here) all calendar days are counted in the computation of time. If the deadline lands on a day where the court is closed, the deadline is extended until the court is accessible.

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Customer reply replied 7 months ago
one more question say I filed a civil suit in fed court on 8/8/17 and the defendant requested a ext of 60 days. but as u know all lawyers will wait till last minute to requests the 60 day extension before are lasts day of 21 days. now say they were served on the 8/9/17 then the defendant waist 21 days and then requests 60 more days by my calendar what is the last day the defendant has to respond is it friday 8/27/17 because the 60 days expires on a sunday.

Unfortunately I am not permitted to provide calculations because that can be construed as legal advice; we can only provide the information so the customer may then determine which rules apply to their case and what the relevant time frames would be.

Generally when a defendant does not file a timely answer, the plaintiff will file, as soon as possible, a request for default judgment based on the failure to timely respond. The court will determine what is proper/equitable under the circumstances.

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