Federal Litigation Flowchart

Plaintiff starts action by filing complaint with the court (FRCP 3)
0-120 days after lawsuit is commenced Plaintiff serves summons and complaint on each defendant (FRCP 4(m)).
0-80 days after lawsuit is commenced (0-50 days if defendant is outside the US) Plaintiff serves notice of action and request to waive service of summons on each defendant (FRCP 4(d)(1)).
0-21 days after service of summons and complaint Defendant serves and files its answer (and any compulsory counterclaims under FRCP 13) or motion under FRCP 12 (FRCP 12(a)(1)(A)(i); FRCP 12(b),(e),(f)).
At least 30 days after request to waive service sent (at least 60 days if defendant is outside the US) Defendant agrees to waive service and returns the waiver to plaintiff (FRCP 4(d)(1)(F)). Plaintiff then has 120 days from the date the complaint was filed with the court in which to file the executed waiver of service (FRCP 4 (d)(4),(m)).
0-120 days after lawsuit is commenced If defendant does not agree to waive service, then plaintiff serves summons and complaint on each defendant (FRCP 4(m)).
0-21 days after service of summons and complaint 60 days after request to waive service sent (90 days if defendant is outside the US) Defendant serves and files its answer (with any compulsory counterclaims under FRCP 13), or a motion under FRCP 12 (FRCP 4(d)(3)). Defendant serves and files its answer (and any compulsory counterclaims under FRCP 13) or motion under FRCP 12 (FRCP 12(a)(1)(A)(i); FRCP 12(b),(e),(f)).
Defendant serves FRCP 12 motion [Click on text] Plaintiff has [X] days to serve an opposition (see FRCP 6(c) and court's local rules). Defendant has [X] days to serve a reply (see court's local rules). Court may conduct hearing on motion (see courts local rules as to whether oral argument must be requested).
Defendant serves answer without counterclaims or cross-claims [Click on text]
Defendant serves answer with counterclaims or cross-claims [Click on text]
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Defendant serves FRCP 12 motion [Go back] Plaintiff has [X] days to serve an opposition (see FRCP 6(c) and court's local rules). Defendant has [X] days to serve a reply (see court's local rules). Court may conduct hearing on motion (see courts local rules on whether oral argument must be requested).
Motion to dismiss (FRCP 12(b))
Motion for a more definite statement (FRCP 12(e))
Motion to strike (FRCP 12(f))
Court grants defendant's motion; all claims dismissed with prejudice Plaintiff has 30 days from entry of final judgment (or 60 days if US is a party) to file notice of appeal (FRAP 4(a)(1)(A)(B)).
Court grants defendants motion; all claims dismissed without prejudice Court sets time for plaintiff to amend complaint. Defendant has the later of 14 days after service of the amended pleading or the time remaining to respond to the original pleading in which to serve answer or a motion under FRCP 12 (FRCP 15(a)(3)).
Court grants defendant's motion in part/denies in part; some claims dismissed, some claims remain Defendant has 14 days from notice of court's action in which to serve answer (FRCP 12(a)(4)(A)). Plaintiff has 30 days from entry of final judgment (or 60 days if US is a party) to file notice of appeal (FRAP 4(a)(1)(A)(B)).
Court denies defendant's motion or postpones disposition until trial Defendant has 14 days from notice of court's action in which to serve answer (FRCP 12 (a)(4)(A)).
Court grants defendant's motion
Court denies defendant's motion or postpones disposition until trial Defendant has 14 days from notice of court's action in which to serve answer (FRCP 12(a)(4)(A)).
Court grants defendant's motion and strikes entire complaint Plaintiff has 30 days from entry of final judgment (or 60 days if US is a party) to file notice of appeal (FRAP 4(a)(1) (A)-(B)). Court may set date for Plaintiff to serve amended complaint.
Court grants defendant's motion in part/denies in part; parts of complaint stricken, parts remain Defendant has 14 days from notice of court's action in which to serve answer (FRCP 12(a)(4)(A)). Plaintiff has 30 days from entry of final judgment (or 60 days if US is a party) in which to file notice of appeal (FRAP 4(a)(1)(A)(B)).
Court denies defendant's motion or postpones disposition until trial Defendant has 14 days from notice of court's action in which to serve answer (FRCP 12(a)(4)(A)).
Court sets time for plaintiff to amend complaint. Defendant has 14 days after service of amended complaint to serve answer or a motion under FRCP 12 (FRCP 12(a)(4)(B)).
Defendant serves answer without counterclaims or cross-claims [Go back]
Plaintiff does nothing Case proceeds.
0-21 days after being served with defendants answer Plaintiff serves motion to strike (FRCP 12(f)). Defendant has [X] days to serve an opposition (see FRCP 6(c) and court's local rules). Plaintiff has [X] days to serve a reply (see court's local rules). Court may conduct hearing on motion (see courts local rules on whether oral argument must be requested).
Court grants motion and strikes answer (in whole or in part) Defendant has 30 days from entry of final judgment (or 60 days if US is a party) in which to file notice of appeal (FRAP 4(a)(1)(A)-(B)). Court may set date for Defendant to serve amended answer.
Court denies motion Case proceeds.
Defendant serves answer with counterclaims or cross-claims [Go back]
0-21 days after being served with defendant's counterclaims or cross-claims Counterclaim or Cross-Claim Defendant (CCD) serves answer asserting no new claims against defendant (FRCP 12(a)(1)(B)).
0-21 days after being served with defendant's counterclaims or cross-claims Counterclaim or Cross-Claim Defendant (CCD) serves answer with counterclaims or crossclaims (FRCP 12(a)(1)(B)).
0-21 days after being served with defendants answer Counterclaim or Cross-Claim Defendant (CCD) serves FRCP 12 motion (FRCP 12(a)(1)(B); FRCP 12(b),(e),(f)). Defendant has [X] days to serve an opposition (see FRCP 6(c) and court's local rules). CCD has [X] days to serve a reply (see court's local rules). Court may conduct hearing on motion (see courts local rules on whether oral argument must be requested).
0-21 days after being served with CCD's answer Defendant serves motion to strike (FRCP 12(f)). CCD has [X] days to serve an opposition (see FRCP 6(c) and court's local rules). Defendant has [X] days to serve a reply (see court's local rules). Court may conduct hearing on motion (see courts local rules on whether oral argument must be requested).
Defendant does nothing Case proceeds.
0-21 days after being served with CCD's counterclaims or cross-claims [Click on text] Defendant serves answer asserting no new claims against CCD (FRCP 12 (a)(1)(B)).
0-21 days after being served with CCD's counterclaims or cross-claims [Click on text] Defendant serves FRCP 12 motion (FRCP 12(a)(1)(B); FRCP 12(b),(e),(f)). CCD has [X] days to serve opposition (see FRCP 6(c) and court's local rules). Defendant has [X] days to serve reply (see court's local rules). Court may conduct hearing on motion (see court's local rules on whether oral argument must be requested).
Motion to dismiss (FRCP 12(b)) [Click on text]
Motion for a more definite statement (FRCP 12(e)) [Click on text]
Motion to strike (FRCP 12(f)) [Click on text]
Court grants motion and strikes answer (in whole or in part) CCD has 30 days from entry of final judgment (or 60 days if US is a party) in which to file notice of appeal (FRAP 4(a)(1)(A)-(B)). Court may set date for CCD to serve amended answer.
Motion to dismiss (FRCP 12(b)) [Go back]
Court grants CCD's motion; all counter or cross-claims dismissed with prejudice Defendant has 30 days from entry of final judgment (or 60 days if US is a party) to file notice of appeal (FRAP 4(a)(1)(A)-(B)).
Court grants CCD's motion; all claims dismissed without prejudice Court sets time for defendant to amend counterclaims or cross-claims. CCD has the later of 14 days after service of the amended pleading or the time remaining to respond to the original pleading in which to serve answer or a motion under FRCP 12 (FRCP 15(a)(3)).
Court grants CCDs motion in part/denies in part; some claims dismissed, some claims remain CCD has 14 days from notice of court's action in which to serve answer to defendants counterclaims or cross-claims (FRCP 12(a)(4)(A)). Defendant has 30 days from entry of final judgment (or 60 days if US is a party) in which to file notice of appeal (FRAP 4(a)(1)(A)-(B)).
Court denies CCD's motion or postpones disposition until trial CCD has 14 days from notice of court's action in which to serve answer to defendants counterclaims or cross-claims (FRCP 12(a)(4)(A)).
Motion for a more definite statement (FRCP 12(e)) [Go back]
Court grants CCD's motion Court sets time for defendant to amend counterclaims or cross-claims. CCD has 14 days after service of amended counterclaims or cross-claims in which to serve answer or a motion under FRCP 12 (FRCP 12(a)(4)(B)).
Court denies CCDs motion CCD has 14 days from notice of courts action in which to serve answer (FRCP 12(a)(4)(A)).
Motion to strike (FRCP 12(f)) [Go back]
Court grants CCD's motion and strikes all counterclaims or cross-claims Defendant has 30 days from entry of final judgment (or 60 days if US is a party) in which to file notice of appeal (FRAP 4(a)(1)(A)-(B)). Court may set date for Defendant to serve amended pleading.
Court grants CCD's motion in part/denies in part; parts of counterclaims or cross-claims stricken, parts remain Defendant has 30 days from entry of final judgment (or 60 days if US is a party) in which to file notice of appeal (FRAP 4(a)(1)(A)-(B)). CCD has 14 days from notice of court's action in which to serve answer to counterclaims or cross-claims (FRCP 12(a)(4)(A)).
Court denies CCD's motion or postpones disposition until trial CCD has 14 days from notice of the court's action in which to serve answer to counterclaims or cross-claims (FRCP 12(a)(4)(A)).
0-21 days after being served with CCD's counterclaims or cross-claims [Go back] Defendant serves answer asserting no new claims against CCD (FRCP 12(a)(1)(B)).
0-21 days after being served with defendant's answer CCD serves a motion to strike (FRCP 12(f)). Defendant has [X] days to serve an opposition (see FRCP 6(c) and court's local rules). CCD has [X] days to serve a reply (see court's local rules). Court may conduct hearing on motion (see court's local rules on whether oral argument must be requested).
CCD does nothing Case proceeds.
Court grants motion and strikes answer (in whole or in part) Defendant has 30 days from entry of final judgment (or 60 days if US is a party) in which to file notice of appeal (FRAP 4(a)(1)(A)-(B)). Court may set date for Defendant to serve amended answer.
0-21 days after being served with CCD's counterclaims or cross-claims [Go back] Defendant serves FRCP 12 motion (FRCP 12(a)(1)(B); FRCP 12(b),(e),(f)). CCD has [X] days to serve opposition (see FRCP 6(c) and court's local rules). Defendant has [X] days to serve reply (see court's local rules). Court may conduct hearing on motion (see court's local rules on whether oral argument must be requested).
Motion to dismiss (FRCP 12(b))
Motion for a more definite statement (FRCP 12(e))
Motion to strike (FRCP 12(f))
Court grants defendant's motion; all counterclaims or cross-claims dismissed with prejudice CCD has 30 days from entry of final judgment (or 60 days if US is a party) to file notice of appeal (FRAP 4(a)(1)(A)(B)).
Court grants defendants motion; all claims dismissed without prejudice Court sets time for CCD to amend counterclaims or crossclaims. Defendant has the later of 14 days after service of the amended pleading or the time remaining to respond to the original pleading in which to serve answer or a motion under FRCP 12 (FRCP 15(a)(3)).
Court grants defendant's motion in part/denies in part; some claims dismissed, some claims remain Defendant has 14 days from notice of court's action in which to serve answer to CCDs counterclaims or crossclaims (FRCP 12(a)(4)(A)). CCD has 30 days from entry of final judgment (or 60 days if US is a party) to file notice of appeal (FRAP 4(a)(1)(A)(B)).
Court denies defendant's motion or postpones disposition until trial Defendant has 14 days from notice of court's action in which to serve answer to CCDs counterclaims or crossclaims (FRCP 12 (a)(4)(A)).
Court grants defendant's motion
Court denies defendant's motion
Court grants defendant's motion and strikes all counterclaims or crossclaims CCD has 30 days from entry of final judgment (or 60 days if US is a party) to file notice of appeal (FRAP 4(a)(1) (A)-(B)). Court may set date for CCD to serve amended pleading.
Court sets time for CCD to amend counterclaims or crossclaims. Defendant has 14 days after service of amended counterclaims or crossclaims in which to serve answer or a motion under FRCP 12 (FRCP 12(a)(4)(B)).
Defendant has 14 days from notice of court's action in which to serve answer (FRCP 12(a)(4)(A)).
Court grants defendant's motion in part/denies in part; parts of counterclaims or crossclaims stricken, parts remain Defendant has 14 days from notice of court's action in which to serve answer to counterclaims or crossclaims (FRCP 12(a)(4)(A)). CCD has 30 days from entry of final judgment (or 60 days if US is a party) in which to file notice of appeal (FRAP 4(a)(1)(A)(B)).
Court denies defendant's motion or postpones disposition until trial Defendant has 14 days from notice of court's action in which to serve answer to counterclaims or crossclaims (FRCP 12(a)(4)(A)).

Federal Litigation Flowchart

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Federal Litigation Flowchart

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Plaintiff starts action by filing complaint with the court (FRCP 3)

Defendant serves answer without counterclaims or cross-claims [Click on text]

Defendant serves answer with counterclaims or cross-claims [Click on text]

Motion to dismiss (FRCP 12(b))

Motion for a more definite statement (FRCP 12(e))

Motion to strike (FRCP 12(f))

Court grants defendant's motion

Defendant serves answer without counterclaims or cross-claims [Go back]

Plaintiff does nothing Case proceeds.

Court denies motion Case proceeds.

Defendant serves answer with counterclaims or cross-claims [Go back]

Defendant does nothing Case proceeds.

Motion to dismiss (FRCP 12(b)) [Click on text]

Motion for a more definite statement (FRCP 12(e)) [Click on text]

Motion to strike (FRCP 12(f)) [Click on text]

Court denies motion Case proceeds.

Motion to dismiss (FRCP 12(b)) [Go back]

Motion for a more definite statement (FRCP 12(e)) [Go back]

Motion to strike (FRCP 12(f)) [Go back]

CCD does nothing Case proceeds.

Court denies motion Case proceeds.

Motion to dismiss (FRCP 12(b))

Motion for a more definite statement (FRCP 12(e))

Motion to strike (FRCP 12(f))

Court grants defendant's motion

Court denies defendant's motion

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