You generally have 21 days to answer a federal complaint after you are served with the summons and complaint. That window can stretch to 60 or 90 days in specific situations, and filing certain motions in place of an answer can pause the clock entirely. What follows is how the deadline works, when it changes, and what happens if you let it pass.
The 21-Day Rule
Federal Rule of Civil Procedure 12 sets the baseline: a defendant must serve an answer within 21 days after being served with the summons and complaint.1Legal Information Institute. Federal Rules of Civil Procedure Rule 12 – Defenses and Objections The trigger is the date of service, not the date the complaint was filed. If a process server hands you the papers on June 3, the clock starts June 3, no matter when the plaintiff originally filed the case.
Count every calendar day, including weekends and federal holidays. Exclude the day of service itself and begin counting from the next day. If the final day lands on a Saturday, Sunday, or legal holiday, the deadline rolls to the next business day. There is also a rarely used safety valve: if the clerk’s office is physically inaccessible on the last day (severe weather, for example), the deadline extends to the first accessible day that is not a Saturday, Sunday, or legal holiday.2Legal Information Institute. Federal Rules of Civil Procedure Rule 6 – Computing and Extending Time
For electronic filers, the deadline runs until midnight in the court’s time zone on the last day, unless a local rule or court order sets an earlier cutoff. For paper filings, the deadline expires when the clerk’s office closes.2Legal Information Institute. Federal Rules of Civil Procedure Rule 6 – Computing and Extending Time
When You Get More Than 21 Days
Three situations automatically lengthen the response period.
You Waived Formal Service
If the plaintiff mailed you a request to waive formal service of process and you agreed, your deadline stretches to 60 days from the date the plaintiff sent the waiver request. If you are located outside any United States judicial district, it extends to 90 days from when the request was sent.3Legal Information Institute. Federal Rules of Civil Procedure Rule 4 – Summons Waiving service saves you from paying service costs and buys substantially more preparation time, which is why most defendants accept.
The Defendant Is the Federal Government
When the defendant is the United States, a federal agency, or a federal officer or employee sued in an official capacity, the answer deadline is 60 days after service on the U.S. Attorney.1Legal Information Institute. Federal Rules of Civil Procedure Rule 12 – Defenses and Objections
A Federal Officer Is Sued Personally
A federal officer or employee sued individually for something done or omitted while performing official duties also gets 60 days. The clock runs from whichever is later: service on the individual officer or service on the U.S. Attorney.1Legal Information Institute. Federal Rules of Civil Procedure Rule 12 – Defenses and Objections That “later of” language is the key difference from official-capacity suits, where the deadline runs only from service on the U.S. Attorney.
Filing a Motion Instead of Answering
You do not have to file an answer to avoid default. A pre-answer motion under Rule 12(b) also counts as a response. Rule 55 allows default only when a party fails to “plead or otherwise defend,” and courts treat a timely Rule 12 motion as defending the case.4Legal Information Institute. Federal Rules of Civil Procedure Rule 55 – Default and Default Judgment
Rule 12(b) lists seven defenses you can raise by motion before answering, including lack of personal jurisdiction, improper venue, and failure to state a claim. Filing any of these within the 21-day window pauses your obligation to file an answer until the court rules. If the court denies the motion or postpones it until trial, you then have 14 days after receiving notice of the ruling to serve an answer. The same 14 days apply if the court grants a motion for a more definite statement: your answer is due 14 days after the plaintiff serves the clarified complaint.1Legal Information Institute. Federal Rules of Civil Procedure Rule 12 – Defenses and Objections
Asking for More Time
The most common route is a stipulation with opposing counsel. Your attorney contacts the plaintiff’s attorney, they agree on a new deadline, and the agreement is filed with the court. Most federal districts allow this for the initial response without requiring a judge’s approval, though local rules vary on whether a stipulation can alter deadlines the court has already set.
If the other side refuses, you can file a motion under Rule 6(b) asking the court for more time. Filed before the original deadline expires, the court can grant an extension for good cause. Filed after the deadline has passed, the standard is tougher: you must show excusable neglect.5Office of the Law Revision Counsel. Federal Rules of Civil Procedure Rule 6 – Computing and Extending Time Asking for more time the day before a deadline is routine. Asking two weeks later is an uphill fight.
What Happens If You Miss the Deadline
If you neither answer nor file a pre-answer motion in the required period, the plaintiff can ask the court clerk to enter a “default” on the docket. The clerk must do so once the plaintiff shows, usually by affidavit, that you have failed to plead or otherwise defend.4Legal Information Institute. Federal Rules of Civil Procedure Rule 55 – Default and Default Judgment
Once default is entered, the plaintiff can seek a default judgment. If the claim is for a specific dollar amount calculable from the complaint, the clerk can enter judgment without a hearing. For any other claim, the plaintiff must apply to the judge.4Legal Information Institute. Federal Rules of Civil Procedure Rule 55 – Default and Default Judgment A default judgment cannot award damages exceeding what the plaintiff originally requested, or relief of a different type than what was demanded.6Legal Information Institute. Federal Rules of Civil Procedure Rule 54 – Judgment and Costs
A default is not always permanent. The court can set aside an entry of default for “good cause,” a standard that gives the judge significant discretion.4Legal Information Institute. Federal Rules of Civil Procedure Rule 55 – Default and Default Judgment Judges typically weigh whether the failure was willful, whether the defendant has a viable defense, and whether the plaintiff would be prejudiced by reopening the case. Honest mistakes and excusable delays regularly clear this bar. Ignoring a lawsuit on purpose does not.
If a default judgment has already been entered, the path back narrows. You must file a motion under Rule 60(b) showing a specific ground: mistake or excusable neglect, newly discovered evidence, fraud by the opposing party, a void judgment, or other exceptional circumstances. For the first three grounds, the motion must be filed within one year after the judgment was entered.