1 INTERNET RESOURCE Time Deadlines Federal Rules of Civil and Criminal Procedure Contents I-1 Introduction I-2 Federal Rules of Civil Procedure for the United States District Courts I-3 Federal Rules of Criminal Procedure for the United States District Courts 1-1 INTRODUCTION It is not practical to list the time deadlines of the rules of civil and criminal procedure of each state. This chapter presents a summary of the various deadlines provided for by federal rules of civil and criminal procedure for the United States district courts. Since many state court rules are similar in content and format to the federal rules, the chapter may serve as a guide to alert you to the various time deadlines involved in civil and criminal litigation. Any rule referred to in this chapter should be checked to determine if there has been a change since the publication of this text. When checking the deadlines for matters involving state courts, always check the state court rule. Also note that many state and federal courts have what are referred to as local rules. These rules should be consulted when checking for time deadlines. I-2 FEDERAL RULES OF CIVIL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS RULE 4. SUMMONS Section (d) Waiver of Service. A defendant who, before being served with process, timely returns a waiver of service is not required to serve an answer to the complaint until 60 days after the date on which the request for waiver of service was sent, or 90 days after that date if the defendant was addressed outside any judicial district of the United States. 1
2 2 Internet Resource Section (m) Time Limit for Service. The service of the summons and complaint should be made upon a defendant within 120 days after the filing of the complaint. If the service does not take place within 120 days, the court, upon motion or on its own initiative after notice to the plaintiff, shall dismiss the action without prejudice as to that defendant or direct that service be effected within a specified time; provided that if the plaintiff shows good cause for the failure, the court shall extend the time for service for an appropriate period. This subdivision does not apply to service in a foreign country pursuant to subdivision (f) or (j)(1). RULE 5. SERVING AND FILING PLEADINGS AND OTHER PAPERS Section (d) Filing; Certificate of Service. All papers after the complaint required to be served upon a party, together with a certificate of service, must be filed with the court within a reasonable time after service... RULE 6. TIME Section (a) Computation. In computing any period of time prescribed or allowed by these rules, by the local rules of any district court, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, or, when the act to be done is the filing of a paper in court, a day on which weather or other conditions have made the office of the clerk of the district court inaccessible, in which event the period runs until the end of the next day which is not one of the aforementioned days. When the period of time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in this rule and in Rule 77(c), legal holiday includes New Year s Day, Birthday of Martin Luther King, Jr., Washington s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day appointed as a holiday by the President or the Congress of the United States, or by the state in which the district court is held. Section (b) Enlargement. When...act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect; but it may not extend the time for taking any action under Rules 50(b) and (c)(2), 52(b), 59(b), (d) and (e), and 60(b), except to the extent and under the conditions stated in them. Section (d) for Motions Affidavits. A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than 5 days before the time specified for the hearing, unless a different period is fixed by these rules or by order of the court. Such an order may for cause shown be made on ex parte application. When a motion is supported by affidavit, the affidavit shall be served with the motion; and, except as otherwise provided in Rule 59(c), opposing affidavits may be served not later than 1 day before the hearing, unless the court permits them to be served at some other time. Section (e) Additional Time after Service under Rule 5(b)(2)(B), (C), or (D). Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served upon the party under Rule 5(b)(2)(B), (C), or (D), 3 days shall be added to the prescribed period. RULE I-1. DISCLOSURE STATEMENT The rule requires nongovernmental corporate parties to file a disclosure statement that identifies any parent corporation and other information. Section (b) Time for Filing; Supplemental Filing. A party must file the disclosure statement with its first appearance, pleading, petition, motion response or other request addressed to the court, and (2) promptly file a supplemental statement upon any change in the information that the statement requires.
3 3 Internet Resource RULE 11. SIGNING OF PLEADINGS, MOTIONS, AND OTHER PAPERS; REPRESENTATIONS TO COURT; SANCTIONS Section (c) Sanctions. This section governs the procedure for sanctions under the rule. (1) How Initiated. (A) By Motion. A motion for sanctions under the rule shall be served as provided in Rule 5, but shall not be filed with or presented to the court unless, within 21 days after service of the motion (or such other period as the court may prescribe), the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected. RULE 12. DEFENSES AND OBJECTIONS WHEN AND HOW PRESENTED BY PLEADING OR MOTION MOTION FOR JUDGMENT ON PLEADINGS Section (a) When Presented. (1) Unless a different time is prescribed in a statute of the United States, a defendant shall serve an answer (emphasis added) (A) within 20 days after being served with the summons and complaint, or (B) if service of the summons has been timely waived on request under Rule 4(d), within 60 days after the date when the request for waiver was sent, or within 90 days after that date if the defendant was addressed outside any judicial district of the United States. (2) A party served with a pleading stating a cross-claim (emphasis added) against that party shall serve an answer thereto within 20 days after being served. The plaintiff shall serve a reply to a counterclaim (emphasis added) in the answer within 20 days after service of the answer, or, if a reply is ordered by the court, within 20 days after service of the order, unless the order otherwise directs. (3) (A) The United States, an agency of the United States, or an officer or employee of the United States sued in an official capacity, shall serve an answer to the complaint or cross-claim or a reply to a counterclaim within 60 days after the United States attorney is served with the pleading asserting the claim. (B) An officer or employee of the United States sued in an individual capacity for acts or omissions occurring in connection with the performance of duties on behalf of the United States shall serve an answer to the complaint or cross-claim or a reply to a counterclaim within 60 days after service on the officer or employee, or service on the United States attorney, whichever is later. (4) Unless a different time is fixed by court order, the service of a motion permitted under this rule alters these periods of time as follows: (A) if the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleading shall be served within 10 days after notice of the court s action; or (B) if the court grants a motion for a more definite statement, the responsive pleading shall be served within 10 days after the service of the more definite statement. Section (c) Motion for Judgment on the Pleadings. After the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings. Section (f) Motion to Strike. Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these rules, upon motion made by a party within 20 days after the service of the pleading upon the party or upon the court s own initiative at any time, the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. RULE 14. THIRD-PARTY PRACTICE Section (a) When Defendant May Bring in Third Party. At any time after commencement of the action a defending party, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to the third-party plaintiff for all or part of the plaintiff s claim against the third-party plaintiff. The third-party plaintiff need not obtain leave to make the service if the third-party plaintiff files the thirdparty complaint not later than 10 days after serving the original answer. Otherwise the third-party plaintiff must obtain
4 4 Internet Resource leave on motion upon notice to all parties to the action. The person served with the summons and third-party complaint, hereinafter called the third-party defendant, shall make any defenses to the third-party plaintiff s claim as provided in Rule 12 and any counterclaims against the third-party plaintiff and cross-claims against other third-party defendants as provided in Rule 13. RULE 15. AMENDED AND SUPPLEMENTAL PLEADINGS Section (a) Amendments. A party may amend the party s pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, the party may so amend it at any time within 20 days after it is served. Otherwise a party may amend the party s pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires. A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 10 days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders. RULE 23. CLASS ACTIONS Section (f) Appeals. A court of appeals may in its discretion permit an appeal from an order of a district court granting or denying class action certification under this rule if application is made to it within ten days after entry of the order. RULE 25. SUBSTITUTION OF PARTIES Section (a) Death. (1) The motion for substitution may be made by any party or by the successors or representatives of the deceased party and, together with the notice of hearing, shall be served on the parties as provided in Rule 5 and upon persons not parties in the manner provided in Rule 4 for the service of a summons, and may be served in any judicial district. Unless the motion for substitution is made not later than 90 days after the death is suggested upon the record by service of a statement of the fact of the death as provided herein for the service of the motion, the action shall be dismissed as to the deceased party. RULE 26. GENERAL PROVISIONS GOVERNING DISCOVERY; DUTY OF DISCLOSURE Section (a) Required Disclosures; Methods to Discover Additional Matter. (1) Initial Disclosures. The disclosures required under the rule must be made at or within 14 days after the Rule 26(f) conference unless a different time is set by stipulation or court order, or unless a party objects during the conference that initial disclosures are not appropriate in the circumstances of the action and states the objection in the Rule 26(f) discovery plan. Any party first served or otherwise joined after the Rule 26(f) conference must make these disclosures within 30 days after being served or joined unless a different time is set by stipulation or court order. (2) Disclosure of Expert Testimony. The disclosures involving expert testimony under this subsection shall be made at the times and in the sequence directed by the court. In the absence of other directions from the court or stipulation by the parties, the disclosures shall be made at least 90 days before the trial date or the date the case is to be ready for trial or, if the evidence is intended solely to contradict or rebut evidence on the same subject matter identified by another party under paragraph (2)(B), within 30 days after the disclosure made by the other party. (3) Pretrial Disclosures. Additional disclosures are required under this subsection of the rule such as the name and address and telephone number of witnesses, identification of documents, and so on. Unless otherwise directed by the court, these disclosures must be made at least 30 days before trial. Within 14 days thereafter, unless a different time is specified by the court, a party may serve and promptly file a list disclosing (i) any objections to the use under Rule 32(a) of a deposition designated by another party under Rule 26(a)(3)(B), and (ii) any objection, together with the grounds therefor, that may be made to the admissibility of materials identified under Rule 26(a)(3)(C). Objections not so disclosed, other than objections under Rules 402 and 403 of the Federal Rules of Evidence, are waived unless excused by the court for good cause.
5 5 Internet Resource Section (f) Conference of Parties; Planning for Discovery. Except in categories of proceedings exempted from initial disclosure under Rule 26(a)(1)(E) or when otherwise ordered, the parties must, as soon as practicable and in any event at least 21 days before a scheduling conference is held or a scheduling order is due under Rule 16(b), confer to consider the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case, to make or arrange for the disclosures required by Rule 26(a)(1), and to develop a proposed discovery plan that indicates the parties views and proposals concerning:... The attorneys of record and all unrepresented parties that have appeared in the case are jointly responsible for arranging the conference, for attempting in good faith to agree on the proposed discovery plan, and for submitting to the court within 14 days after the conference a written report outlining the plan. RULE 27. DEPOSITIONS BEFORE ACTION OR PENDING APPEAL Section (a) before Action. (2) Notice and Service. The petitioner shall thereafter serve a notice upon each person named in the petition as an expected adverse party, together with a copy of the petition, stating that the petitioner will apply to the court, at a time and place named therein, for the order described in the petition. At least 20 days before the date of hearing the notice shall be served either within or without the district or state in the manner provided in Rule 4(d) for service of summons; but if such service cannot with due diligence be made upon any expected adverse party named in the petition, the court may make such order as is just for service by publication or otherwise, and shall appoint, for persons not served in the manner provided in Rule 4(d),... RULE 31. DEPOSITIONS UPON WRITTEN QUESTIONS Section (a) Serving Questions; Notice. (4) Within 14 days after the notice and written questions are served, a party may serve cross questions upon all other parties. Within 7 days after being served with cross questions, a party may serve redirect questions upon all other parties. Within 7 days after being served with redirect questions, a party may serve recross questions upon all other parties. The court may for cause shown enlarge or shorten the time. RULE 32. USE OF DEPOSITIONS IN COURT PROCEEDINGS Section (d) Effect of Errors and Irregularities in Depositions. (1) As to Notice. All errors and irregularities in the notice for taking a deposition are waived unless written objection is promptly served upon the party giving the notice. (2) As to Disqualification of Officer. Objection to taking a deposition because of disqualification of the officer before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence. (3) As to Taking of Deposition. (A) Objections to the competency of a witness or to the competency, relevancy, or materiality of testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground of the objection is one which might have been obviated or removed if presented at that time. (B) Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of the questions or answers, in the oath or affirmation, or in the conduct of parties, and errors of any kind which might be obviated, removed, or cured if promptly presented, are waived unless seasonable objection thereto is made at the taking of the deposition. (C) Objections to the form of written questions submitted under Rule 31 are waived unless served in writing upon the party propounding them within the time allowed for serving the succeeding cross or other questions and within 5 days after service of the last questions authorized. (4) As to Completion and Return of Deposition. Errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed, certified, sealed, indorsed, transmitted, filed, or otherwise dealt with by the officer under Rules 30 and 31 are waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is, or with due diligence might have been, ascertained.
6 6 Internet Resource RULE 33. INTERROGATORIES TO PARTIES Section (b) Answers and Objections. (3) The party upon whom the interrogatories have been served shall serve a copy of the answers, and objections if any, within 30 days after the service of the interrogatories. A shorter or longer time may be directed by the court or, in the absence of such an order, agreed to in writing by the parties subject to Rule 29. RULE 34. PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION AND OTHER PURPOSES Section (b) Procedure. The party upon whom the request is served shall serve a written response within 30 days after the service of the request. A shorter or longer time may be directed by the court or, in the absence of such an order, agreed to in writing by the parties, subject to Rule 29. RULE 36. REQUESTS FOR ADMISSION Section (a) Request for Admission. The matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the court may allow or as the parties may agree to in writing, subject to Rule 29, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by the party s attorney. RULE 38. JURY TRIAL OF RIGHT Section (b) Demand. Any party may demand a trial by jury of any issue triable of right by a jury by (1) serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than 10 days after the service of the last pleading directed to such issue, and (2) filing the demand as required by Rule 5(d). Section (c) Same: Specification of Issues. If the party has demanded trial by jury for only some of the issues, any other party within 10 days after service of the demand or such lesser time as the court may order, may serve a demand for trial by jury of any other or all of the issues of fact in the action. RULE 41. DISMISSAL OF ACTIONS Section (a) Voluntary Dismissal: Effect Thereof. (1) By Plaintiff; by Stipulation. Subject to the provisions of Rule 23(e), of Rule 66, and of any statute of the United States, an action may be dismissed by the plaintiff without order of court (i) by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs, or (ii) by filing a stipulation of dismissal signed by all parties who have appeared in the action. RULE 45. SUBPOENA Section (b) Service. (1) Prior notice of any commanded production of documents and things or inspection of premises before trial shall be served on each party in the manner prescribed by Rule 5(b). Section (c) Protection of Persons Subject to Subpoenas. (B) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection and copying may, within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials or of the premises.
7 7 Internet Resource RULE 50. JUDGMENT AS A MATTER OF LAW IN JURY TRIALS; ALTERNATIVE MOTION FOR NEW TRIAL; CONDITIONAL RULINGS Section (a) Judgment as a Matter of Law. (2) Motions for judgment as a matter of law may be made at any time before submission of the case to the jury. Section (b) Renewing Motion for Judgment after Trial; Alternative Motion for New Trial. The movant may renew its request for judgment as a matter of law by filing a motion no later than 10 days after entry of judgment and may alternatively request a new trial or join a motion for a new trial under Rule 59. RULE 51. INSTRUCTIONS TO JURY; OBJECTIONS; PRESERVING A CLAIM OF ERROR Section (c) Objections. (2) An objection is timely if: (A) a party that has been informed of an instruction or action on a request before the jury is instructed and before final jury arguments, as provided by Rule 51(b)(1), objects at the opportunity for objection required by Rule 51(b)(2); or (B) a party that has not been informed of an instruction or action on a request before the time for objection provided under Rule 51(b)(2) objects promptly after learning that the instruction or request will be, or has been, given or refused. RULE 52. FINDINGS BY THE COURT; JUDGMENT ON PARTIAL FINDINGS Section (b) Amendment. On a party s motion filed no later than 10 days after entry of judgment, the court may amend its findings or make additional findings and may amend the judgment accordingly. RULE 53. MASTERS Section (g) Action on Master s Order, Report, or Recommendations. (2) Time To Object or Move. A party may file objections to or a motion to adopt or modify the master s order, report, or recommendations no later than 20 days from the time the master s order, report, or recommendations are served, unless the court sets a different time. RULE 54. JUDGMENTS; COSTS Section (d) Costs; Attorneys Fees. (1) Costs Other than Attorneys Fees. Such costs may be taxed by the clerk on one day s notice. On motion served within 5 days thereafter, the action of the clerk may be reviewed by the court. (2) Attorneys Fees. (A) Claims for attorneys fees and related nontaxable expenses shall be made by motion (B) Unless otherwise provided by statute or order of the court, the motion must be filed no later than 14 days after entry of judgment; RULE 55. DEFAULT Section (a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party s default.
8 8 Internet Resource Section (b) Judgment. (2) By the Court. If the party against whom judgment by default is sought has appeared in the action, the party (or, if appearing by representative, the party s representative) shall be served with written notice of the application for judgment at least 3 days prior to the hearing on such application. RULE 56. SUMMARY JUDGMENT Section (a) for Claimant. A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may, at any time after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party, move with or without supporting affidavits for a summary judgment in the party s favor upon all or any part thereof. Section (b) for Defending Party. A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in the party s favor as to all or any part thereof. Section (c) Motion and Proceedings Thereon. The motion shall be served at least 10 days before the time fixed for the hearing. The adverse party prior to the day of hearing may serve opposing affidavits. RULE 59. NEW TRIALS; AMENDMENT OF JUDGMENTS Section (b) Time for Motion. Any motion for a new trial shall be filed no later than 10 days after entry of the judgment. Section (c) Time for Serving Affidavits. When a motion for new trial is based on affidavits, they shall be filed with the motion. The opposing party has 10 days after service to file opposing affidavits, but that period may be extended for up to 20 days, either by the court for good cause or by the parties written stipulation. Section (e) Motion to Alter or Amend Judgment. Any motion to alter or amend a judgment shall be filed no later than 10 days after entry of the judgment. RULE 60. RELIEF FROM JUDGMENT OR ORDER Section (b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud, Etc. A motion under this section of the rule shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than one year after the judgment, order, or proceeding was entered or taken. RULE 62. STAY OF PROCEEDINGS TO ENFORCE A JUDGMENT Section (a) Automatic Stay; Exceptions Injunctions, Receiverships, and Patent Accountings. Except as stated herein, no execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the expiration of 10 days after its entry. RULE 68. OFFER OF JUDGMENT At any time more than 10 days before the trial begins, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against the defending party for the money or property or to the effect specified in the offer, with costs then accrued. If within 10 days after the service of the offer the adverse party serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service thereof and thereupon the clerk shall enter judgment. When the liability of one party to another has been determined by verdict or order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an
9 9 Internet Resource offer made before trial if it is served within a reasonable time not less than 10 days prior to the commencement of hearings to determine the amount or extent of liability. RULE 72. MAGISTRATE JUDGES; PRETRIAL ORDERS Section (a) Nondispositive Matters. Within 10 days after being served with a copy of the magistrate judge s order, a party may serve and file objections to the order;... Section (b) Dispositive Motions and Prisoner Petitions. Within 10 days after being served with a copy of the recommended disposition, a party may serve and file specific, written objections to the proposed findings and recommendations. A party may respond to another party s objections within 10 days after being served with a copy thereof. RULE 81. APPLICABILITY IN GENERAL Section (c) Removed Actions. In a removed action in which the defendant has not answered, the defendant shall answer or present the other defenses or objections available under these rules within 20 days after the receipt through service or otherwise of a copy of the initial pleading setting forth the claim for relief upon which the action or proceeding is based, or within 20 days after the service of summons upon such initial pleading, then filed, or within 5 days after the filing of the petition for removal, whichever period is longest. If at the time of removal all necessary pleadings have been served, a party entitled to trial by jury under Rule 38 shall be accorded it, if the party s demand therefor is served within 10 days after the petition for removal is filed if the party is the petitioner, or if not the petitioner within 10 days after service on the party of the notice of filing the petition. I -3 FE D ER AL RU LE S OF CR I MI NAL P RO C E D UR E FO R T HE UN I T ED ST AT E S DI ST R I C T C OU RT S RULE 5.1. PRELIMINARY HEARING Section (c) Scheduling. The magistrate judge must hold the preliminary hearing within a reasonable time, but no later than 10 days after the initial appearance if the defendant is in custody and no later than 20 days if not in custody. Section (d) Extending the Time. With the defendant s consent and upon a showing of good cause taking into account the public interest in the prompt disposition of criminal cases a magistrate judge may extend the time limits in Rule 5.1(c) one or more times. If the defendant does not consent, the magistrate judge may extend the time limits only on a showing that extraordinary circumstances exist and justice requires the delay. RULE 7. THE INDICTMENT AND THE INFORMATION Section (f) Bill of Particulars. The court may direct the government to file a bill of particulars. The defendant may move for a bill of particulars before or within 10 days after arraignment or at a later time if the court permits. RULE 12. PLEADINGS AND PRETRIAL MOTIONS Section (b) Pretrial Motions. (2) Motions That May Be Made before Trial. A party may raise by pretrial motion any defense, objection, or request that the court can determine without a trial of the general issue. (3) Motions That Must Be Made before Trial. The following must be raised before trial: (A) a motion alleging a defect in instituting the prosecution; (B) a motion alleging a defect in the indictment or information but at any time while the case is pending, the court may hear a claim that the indictment or information fails to invoke the court s jurisdiction or to state an offense;
10 10 Internet Resource (C) a motion to suppress evidence; (D) a Rule 14 motion to sever charges or defendants; and (E) a Rule 16 motion for discovery. RULE NOTICE OF AN ALIBI DEFENSE Section (a) Government s Request for Notice and Defendant s Response. (2) Defendant s Response. Within 10 days after the request, or at some other time the court sets, the defendant must serve written notice on an attorney for the government of any intended alibi defense. Section (b) Disclosing Government Witnesses. (2) Time to Disclose. Unless the court directs otherwise, an attorney for the government must give its Rule 12.1(b)(1) disclosure within 10 days after the defendant serves notice of an intended alibi defense under Rule 12.1(a)(2), but no later than 10 days before trial. RULE NOTICE OF AN INSANITY DEFENSE; MENTAL EXAMINATION Section (a) Notice of an Insanity Defense. A defendant who intends to assert a defense of insanity at the time of the alleged offense must so notify an attorney for the government in writing within the time provided for filing a pretrial motion, or at any later time the court sets, and file a copy of the notice with the clerk. Section (b) Notice of Expert Evidence of a Mental Condition. If a defendant intends to introduce expert evidence relating to a mental disease or defect or any other mental condition of the defendant bearing on either (1) the issue of guilt or (2) the issue of punishment in a capital case, the defendant must within the time provided for filing a pretrial motion or at any later time the court sets notify an attorney for the government in writing of this intention and file a copy of the notice with the clerk. RULE 21. TRANSFER FOR TRIAL Section (d) Time to File a Motion to Transfer. A motion to transfer may be made at or before arraignment or at any other time the court or these rules prescribe. RULE 23. JURY OR NONJURY TRIAL Section (c) Nonjury Trial. In a case tried without a jury, the court must find the defendant guilty or not guilty. If a party requests before the finding of guilty or not guilty, the court must state its specific findings of fact in open court or in a written decision or opinion. RULE 29. MOTION FOR A JUDGMENT OF ACQUITTAL Section (a) before Submission to the Jury. After the government closes its evidence or after the close of all the evidence, the court on the defendant s motion must enter a judgment of acquittal of any offense for which the evidence is insufficient to sustain a conviction. Section (c) after Jury Verdict or Discharge. (1) Time for a Motion. A defendant may move for a judgment of acquittal, or renew such a motion, within 7 days after a guilty verdict or after the court discharges the jury, whichever is later, or within any other time the court sets during the 7-day period. (3) No Prior Motion Required. A defendant is not required to move for a judgment of acquittal before the court submits the case to the jury as a prerequisite for making such a motion after jury discharge.
11 11 Internet Resource RULE 30. JURY INSTRUCTIONS Section (a) in General. Any party may request in writing that the court instruct the jury on the law as specified in the request. The request must be made at the close of the evidence or at any earlier time that the court reasonably sets. RULE 32. SENTENCING AND JUDGMENT Section (f) Objecting to the Report. (1) Time to Object. Within 14 days after receiving the presentence report, the parties must state in writing any objections, including objections to material information, sentencing guideline ranges, and policy statements contained in or omitted from the report. RULE 33. NEW TRIAL Section (b) Time to File. (1) Newly Discovered Evidence. Any motion for a new trial grounded on newly discovered evidence must be filed within 3 years after the verdict or finding of guilty. If an appeal is pending, the court may not grant a motion for a new trial until the appellate court remands the case. (2) Other Grounds. Any motion for a new trial grounded on any reason other than newly discovered evidence must be filed within 7 days after the verdict or finding of guilty, or within such further time as the court sets during the 7-day period. RULE 34. ARRESTING JUDGMENT Section (b) Time to File. The defendant must move to arrest judgment within 7 days after the court accepts a verdict or finding of guilty, or after a plea of guilty or nolo contendere, or within such further time as the court sets during the 7-day period. RULE 35. CORRECTING OR REDUCING A SENTENCE Section (a) Correcting Clear Error. Within 7 days after sentencing, the court may correct a sentence that resulted from arithmetical, technical, or other clear error. Section (b) Reducing a Sentence for Substantial Assistance (1) In General. Upon the government s motion made within one year of sentencing, the court may reduce a sentence if:... (2) Later Motion. Upon the government s motion made more than one year after sentencing, the court may reduce a sentence if... RULE 45. COMPUTING AND EXTENDING TIME Section (a) Computing Time. The following rules apply in computing any period of time specified in these rules, any local rule, or any court order: (1) Day of the Event Excluded. Exclude the day of the act, event, or default that begins the period. (2) Exclusion from Brief Periods. Exclude intermediate Saturdays, Sundays, and legal holidays when the period is less than 11 days. (3) Last Day. Include the last day of the period unless it is a Saturday, Sunday, legal holiday, or day on which weather or other conditions make the clerk s office inaccessible. When the last day is excluded, the period runs until the end of the next day that is not a Saturday, Sunday, legal holiday, or day when the clerk s office is inaccessible.
12 12 Internet Resource Section (b) Extending Time. (1) In General. When an act must or may be done within a specified period, the court on its own may extend the time, or for good cause may do so on a party s motion made: (A) before the originally prescribed or previously extended time expires; or (B) after the time expires if the party failed to act because of excusable neglect. (2) Exceptions. The court may not extend the time to take any action under Rules 29, 33, 34, and 35, except as stated in those rules. Section (c) Additional Time after Service. When these rules permit or require a party to act within a specified period after a notice or a paper has been served on that party, 3 days are added to the period if service occurs in the manner provided under Federal Rule of Civil Procedure 5(b)(2)(B), (C), or (D). RULE 47. MOTIONS AND SUPPORTING AFFIDAVITS Section (c) Timing of a Motion. A party must serve a written motion other than one that the court may hear ex parte and any hearing notice at least 5 days before the hearing date, unless a rule or court order sets a different period. For good cause, the court may set a different period upon ex parte application. RULE 58. PETTY OFFENSES AND OTHER MISDEMEANORS Section (g) Appeal. (1) From a District Judge s Order or Judgment. The Federal Rules of Appellate Procedure govern an appeal from a district judge s order or a judgment of conviction or sentence. (2) From a Magistrate Judge s Order or Judgment. (A) Interlocutory Appeal. Either party may appeal an order of a magistrate judge to a district judge within 10 days of its entry if a district judge s order could similarly be appealed. (B) Appeal from a Conviction or Sentence. A defendant may appeal a magistrate judge s judgment of conviction or sentence to a district judge within 10 days of its entry.
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