If the U.S. is served as a party defendant in a federal action, how long do they have to file an answer or responsive pleading?

If the U.S. is served as a party defendant in a federal action, how long do they have to file an answer or responsive pleading?

• A. Within 21 days after being served with the summons and complaint
• B. Within 7 days after service
• C. Within 30 days after service
• D. Within 60 days after service

Answer: (A)

The key idea is that time to respond in federal court depends on who is being sued. Private defendants generally must answer within 21 days after service. But the United States, a U.S. agency, or a U.S. officer sued in an official capacity has a longer deadline: 60 days after service of the summons and complaint. This rule is set out in Rule 12(a)(2) of the Federal Rules of Civil Procedure and reflects the extra time the government needs to prepare a defense and coordinate with federal agencies. So when the U.S. is the defendant, the answer or any responsive pleading must be filed within 60 days of service.

The key idea is that time to respond in federal court depends on who is being sued. Private defendants generally must answer within 21 days after service. But the United States, a U.S. agency, or a U.S. officer sued in an official capacity has a longer deadline: 60 days after service of the summons and complaint. This rule is set out in Rule 12(a)(2) of the Federal Rules of Civil Procedure and reflects the extra time the government needs to prepare a defense and coordinate with federal agencies. So when the U.S. is the defendant, the answer or any responsive pleading must be filed within 60 days of service.