How Many Days Again? (Part 2) | Civil Procedure Bar Review | Awesome Civil Procedure “Lecture”
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How Many Days Again? (Part 2) | Civil Procedure Bar Review | Awesome Civil Procedure “Lecture”

December 16, 2019


Now, there are some other common Civil Procedure time frames. They’re week based– 7-day, 14-day, 21-day, and 28-day time frames. By the way, by time frame we almost always mean deadline, but a couple are durations or waiting periods–delays. Unless context indicates otherwise, always assume we’re talking about a deadline though. You’ll remember the week-based time frames by a story of your hypothetical first day as an attorney. Your first day as an attorney starts promising, and then gets a little crazy. Your first assignment’s simple enough: draft and file one opposing affidavit, in preparation for an upcoming hearing. Drafting’s a breeze, but when you go to print the printer jams twice! You shake your fist and yell “Holy PRINT JAM Batman!” You give up on the printer and swing by three CASAS to see if one of your three amigos has a printer you can use. Finally, you get it printed. You head back to the office, and a partner gives you four post-trial motions to file before the end of the day. What’s with the one opposing affidavit? Well, that reminds you that you must file opposing affidavits at least one week before the applicable hearing. Again, one opposing affidavit? One week prior. The PRINT JAM, P-R-I-N-T J-A-M, reminds you of eight key times that you have two week time frames. Remember, the printer jammed two times. Two jams, two weeks. The P in PRINT JAM stands for post-12(b) motion answer. Again, P? Post-12(b) motion answer. If you’re 12(b) motion is denied, or the court delays deciding it until trial, you have 14 days from that notice to answer the complaint. R? Required initial disclosures–normally– after the 26(f) discovery conference. Again, R? Required initial disclosures. I? Impleader (after answer). Again, I? Impleader (after answer). N? Notice of hearing, before it starts. Again, N? Notice of hearing. T? TRO expiration, unless extended for cause. Again, T? TRO expiration. J? Jury demands, after last pleading that put damages on the table. Again, J? jury demands. A? Amended pleading response, after service. Again, A? Amended pleading response. And finally, M? More definite statement, after request. Again, M? More definite statement. So, what are the eight key times you have two week time frames? PRINT JAM What does the P in that stand for? Post-12(b) motion answer. What does the R stand for? Required initial disclosures. I? Impleader. N? Notice of hearing. T? TRO expiration. J? Jury demands. A? Amended pleading response. M? More definite statement. PRINT JAM? Again, post-12(b) motion denial answer, required initial disclosures, impleader, notice of hearing, TRO expiration, jury demands, amended pleading response, and more definite statement. Now let’s talk CASAS! CASAS reminds you of key times that you have three-week time frames. Remember, you went to three Casas. The C-A in Casas stands for complaint (or counterclaim) answer, after service. Again, C-A? Complaint (or counterclaim) answer. Now S. Strike– a motion to strike pleadings after service when a response is not allowed for that pleading. Again, strike– a motion to strike pleadings after service when a response is not allowed for that pleading. By the way, if a response is allowed you must move to strike before responding. Now A. Amend pleading, once as a right after serving it. Again, amend pleading (as a right). And finally S. Sanction filing delay, after serving sanction motion– must wait at least three weeks. Again, sanction filing delay. So, when do you have three-week time frames? CASAS. What does CA stand for? Complaint (or counterclaim) answer. Again, complaint (or counterclaim) answer. What does the S stand for? Strike. a motion to strike pleadings after service when a response is not allowed. Again, strike. A? Amend pleading (as a right). Again, amend pleading (as a right). S? Sanction filing delay. Again, sanction filing delay. CASAS? Complaint (or counterclaim) answer, strike, amend pleading (as a right), and sanction filing delay. Now finally, the four post-trial motions. Post-trial motions normally have four-week deadlines. Some common post trial motions include motions to renew JMOL, and motions for a new trial, or for additional or amended findings. Again, some common post trial motions include motions to renew JMOL, and motions for a new trial, or for additional or amended findings. Alright, let’s recap your first day. You had to print one opposing affidavit with a one-week deadline. How many times did the printer jam? Two times. So the PRINT JAM helps you remember two-week time frames. What does PRINT JAM stand for? Post-12(b) motion denial answer, required initial disclosures, impleader, notice of hearing, TRO expiration, jury demands, amended pleading response, and more definite statement. Again, post-12(b) motion denial answer, required initial disclosures, impleader, notice of hearing, TRO expiration, jury demands, amended pleading response, and more definite statement. How many CASAS did you go to to get it finally printed? Three. What does CASAS stand for? Complaint (or counterclaim) answer, strike, amend pleading (as a right), and sanctioned filing delay. Again, complaint or counterclaim answer, strike, amend pleading (as a right), and sanctioned filing delay. Finally, how many post trial motions did the partner ask you to file? Four. So, post trial motions have four week deadlines. Alrighty, some of the deadlines and other time frames in these mnemonics are defaults– they can be overridden by party agreement or with court leave or permission. Also, these mnemonics cover a ton of bases, but they’re not meant to hit every single time frame in the Federal Rules of Civil Procedure. Frankly, some don’t come up enough that we felt them worth drilling. 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