Rule 12(a) of the Federal Rules of Civil Procedure sets three different clocks for the first response to a complaint. Which one runs depends on how the case reached the defendant, not on the type of case.
| Situation | Time to answer | Clock starts |
|---|---|---|
| Served with the summons and complaint | 21 days — FRCP 12(a)(1)(A)(i) | Date of service |
| Waived service under Rule 4(d) | 60 days, or 90 if the request was sent outside any U.S. judicial district — FRCP 12(a)(1)(A)(ii) | Date the waiver request was sent |
| The United States, a federal agency, or a federal officer or employee sued in an official capacity | 60 days — FRCP 12(a)(2) | Service on the United States attorney |
All three are counted under Rule 6(a): leave out the day the clock starts, count every day, and if the last day is a weekend or legal holiday, move to the next day that is not.
Twenty-one days from service of the summons
The most common deadline. Count 21 days from the day you were served; a period of 21 days always ends on the same weekday it started unless a holiday or weekend intervenes at the end.
Date of service:
- Count 21 calendar days after (that day is not counted): .
- is not a court day (Christmas Day), so the deadline moves forward to , passing (Saturday), (Sunday).
Deadline:
Date of service:
- Count 21 calendar days after (that day is not counted): .
- is not a court day (Juneteenth National Independence Day (observed)), so the deadline moves forward to , passing (Saturday), (Sunday).
Deadline:
The second example turns on how federal holidays are observed: when June 19 falls on a Saturday, the holiday is observed on Friday, June 18 (5 U.S.C. § 6103(b)), and that Friday is a legal holiday for Rule 6.
No three extra days, even if the summons came by mail
Rule 6(d)’s three days apply only to papers served under Rule 5(b) by mail, by leaving them with the clerk, or by consented other means. A summons and complaint are served under Rule 4, so the three days never attach to the 21-day answer period — even when the summons was mailed under a state-law method that Rule 4 permits. Kondaur Capital Corp. v. Cajuste, 849 F. Supp. 2d 363 (E.D.N.Y. 2012). The calculator therefore offers no service-method choice for this deadline.
If you waived service: 60 or 90 days from the request
A defendant who returns a Rule 4(d) waiver gets more time in exchange: 60 days, or 90 days if the request was sent to the defendant outside any judicial district of the United States. Both run from the date the plaintiff sent the request — not the date you received or signed it. Check the date on the request form.
Starting date: · Request sent within the United States (60 days)
- Count 60 calendar days after (that day is not counted): .
- is not a court day (Saturday), so the deadline moves forward to , passing (Sunday), (Washington's Birthday).
Deadline:
Starting date: · Request sent outside any U.S. judicial district (90 days)
- Count 60 calendar days after (that day is not counted): .
- Request sent outside any U.S. judicial district (90 days) adds time. Count 30 calendar days after (that day is not counted): .
- is not a court day (Sunday), so the deadline moves forward to .
Deadline:
The United States and federal officers: 60 days
The United States, its agencies, and its officers or employees sued in an official capacity have 60 days after service on the United States attorney. An officer or employee sued in an individual capacity for acts connected with federal duties has 60 days after service on the officer or on the United States attorney, whichever is later (FRCP 12(a)(3)); enter the later date.
Date of service:
- Count 60 calendar days after (that day is not counted): .
- is not a court day (Memorial Day), so the deadline moves forward to .
Deadline:
After a Rule 12 motion
Filing a motion under Rule 12 changes the deadline. If the court denies the motion or postpones its ruling until trial, the answer is due 14 days after notice of the court’s action; if the court grants a motion for a more definite statement, it is due 14 days after that statement is served (FRCP 12(a)(4)). Use the federal deadline calculator with a 14-day period for these. When the ruling reaches you through CM/ECF, Rule 6(d) adds nothing: electronic service lost the three extra days in 2016. If the clerk mails notice to a party who is not on the electronic system, the text of Rules 6(d) and 77(d) arguably allows three more days, but we found no decision applying it, so count the 14 days without them.
Courts in Texas and California
For a period measured after an event, such as an answer period, Rule 6(a)(6)(C) also treats the holidays of the state where the court sits as legal holidays. Select the state under Where is the court? — Texas Independence Day, for example, extends an answer deadline in a Texas federal court.
Date of service: · court in Texas
- Count 21 calendar days after (that day is not counted): .
- is not a court day (Texas Independence Day), so the deadline moves forward to .
Deadline:
Questions about answering a federal complaint
How many days do you have to answer a complaint in federal court?
Twenty-one days after being served with the summons and complaint. A defendant who waived service has 60 days from the date the request was sent, or 90 if it went outside the United States, and the United States or a federal officer sued officially has 60 days after service on the U.S. attorney (FRCP 12(a)).
Does Juneteenth extend a federal deadline when it falls on a Saturday?
Yes, through the Friday observance. When June 19 falls on a Saturday, the federal holiday is observed on Friday, June 18, and that Friday is a legal holiday under Rule 6, so a 21-day answer period ending on it runs to the following Monday (5 U.S.C. § 6103(b); FRCP 6(a)).
When does the 60-day waiver period start?
On the date the plaintiff sent the waiver request, not the day you received, signed or returned it. Count 60 days from the date shown on the request form, or 90 days if it was sent to you outside any judicial district of the United States (FRCP 12(a)(1)(A)(ii); FRCP 4(d)(3)).
How long do you have to answer after a motion to dismiss is denied?
Fourteen days after notice of the court’s ruling. The same 14 days run if the court postpones its decision until trial, and after a granted motion for a more definite statement they run from service of that statement. Notice that arrives through CM/ECF adds no days (FRCP 12(a)(4)).
Does a holiday extend a federal answer deadline?
Yes. If day 21 lands on a weekend or legal holiday, the answer is due on the next day that is neither. Because the answer period runs forward from service, holidays of the state where the court sits also count, such as Texas Independence Day in a Texas federal court (FRCP 6(a)(6)(C)).
If the deadline has passed or is close
Once the time to answer has run, the plaintiff can ask the clerk to enter a default. Parties often agree to extend the time to answer, and the court can extend it on motion, but neither happens automatically. If you have been served and are not represented, the court’s pro se help desk or a legal aid office can explain what to file and how to ask for more time.