Motion to Strike

 United States District Court
 Eastern District of New York

Before Responding To A Pleading Or Within 20 Days of Service

RULE AMENDED EFFECTIVE DECEMBER 1, 2009

A motion to strike must be made before a responsive pleading, if a responsive pleading is permitted. If no responsive pleading is permitted, a motion to strike must be made within 20 21 days after being served with the pleading. FRCP 12(f)(2)(amended eff 12/1/09).

Response to Amended Complaint

RULE AMENDED EFFECTIVE DECEMBER 1, 2009

A pleading responsive to an amended complaint is due within the time remaining for response to the original complaint, or within 10 14 days after service of the amended complaint, whichever is later. FRCP 15(a)(3)(amended eff 12/1/09).

Rule 4 Waiver

If service of the summons has been timely waived on request under Rule 4(d), defendant must serve an answer (or "respond to the complaint" see, Advisory Committee Notes, 1993 Amendment to Rule 12) within sixty (60) days after the date when the request for waiver was sent, or within ninety (90) days after that date if the defendant was addressed outside any judicial district of the United States.FRCP 12(a)(1)(A)(ii).

After Granting Motion For a More Definite Statement

RULE AMENDED EFFECTIVE DECEMBER 1, 2009

If the court grants a motion for a more definite statement, the responsive pleading must be served within 10 14 days after the more definite statement is served. FRCP 12(a)(4)(B)(amended eff 12/1/09).

Service of Notice, Motion and Affidavits Under the FRCP

RULES AMENDED EFFECTIVE DECEMBER 1, 2009

Editor's Note: Most United States District Courts have local rules that set forth requirements regarding the service of moving, opposing and reply papers.In many cases these local rules provide different requirements than those set forth in the FRCP. It is recommended practice to follow local rule requirements with respect to briefing schedules for motions. SmartRules Guides include coverage of all local motion practice requirements following coverage of the requirements under the FRCP.

Notice, Motion and Affidavits--14 Days Before Hearing

A written motion and notice of the hearing must be served at least 5 14 days before the time specified for the hearing, except, when the motion may be heard ex parte, when these rules set a different time; or when a court order which a party may, for good cause, apply for ex parte sets a different time. FRCP 6(c)(1)(amended eff 12/1/09). Any affidavit supporting a motion must be served with the motion. FRCP 6(c)(2)(amended eff 12/1/09).

Opposing Affidavits--7 Days Before Hearing

Except as Rule 59(c) provides otherwise, any opposing affidavit must be served at least 1 7 days before the hearing, unless the court permits service at another time. FRCP 6(c)(2)(amended eff 12/1/09).

Service by Mail, Delivery to Clerk, Electronic or Other Means--3 Additional Days

When a party may or must act within a specified time after service and service is made under Rule 5(b)(2)(C)(mail), (D)(delivery to court clerk), (E)(electronic means), or (F)(other means consented to), 3 days are added after the period would otherwise expire under Rule 6(a). FRCP 6(d).

Calculating the Due Date or Deadline

RULE AMENDED EFFECTIVE DECEMBER 1, 2009

Under amended FRCP 6(a)(1), all deadlines stated in days, no matter the length of the period, are computed in the same way. The day of the event that triggers the deadline is not counted. All other days - including intermediate Saturdays, Sundays, and legal holidays - are counted, with only one exception: If the period ends on a Saturday, Sunday, or legal holiday, then the deadline falls on the next day that is not a Saturday, Sunday, or legal holiday. FRCP 6(a)(1)(amended eff 12/1/09).

When determining the last day of a filing period stated in days, a day on which the clerk's office is not accessible because of the weather or another reason is treated like a Saturday, Sunday, or legal holiday. FRCP 6(a)(3)(amended eff 12/1/09).

The end of the last day of a period is defined as midnight in the court's time zone for electronic filing, and closure of the clerk's office for filing by any other means. FRCP 6(a)(4)(amended eff 12/1/09).

In determining what is the "next" day, one must continue counting in the same direction - that is, forward when computing a forward-looking period and backward when computing a backward-looking period. FRCP 6(a)(5)(amended eff 12/1/09).

Legal holidays are set forth and defined at Rule 6(a)(6). FRCP 6(a)(6)(amended eff 12/1/09).

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Reply Papers

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Computing the Deadline

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Disclosure Statement

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Proposed Order

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