There are rules in litigation that set deadlines for people to do various things. It is often challenging to figure out what those deadlines are and some deadlines are firmer than others. As a result, a substantial part of a litigator’s job is to calculate deadlines, put them on a calendar so they are not missed, and then make plans to meet them.

Why should you keep reading this post about deadlines?

Today is the last day to read this post before something bad happens.
You missed a deadline and you want someone to tell you it will be okay.
You received a demand letter that insists you respond by tomorrow or you will get in serious trouble.

Deadlines to Respond to a Demand or Complaint

A lawsuit typically begins when one side tells the other they want to sue. They may have tried to get the result they wanted without working with a lawyer and either were rebuffed or ignored. And so a lawyer’s first goal is to get the attention of the other side and make them respond to the claim.

By sending a demand letter, a lawyer may set a deadline to respond so that, if the other side continues to ignore the issue, the lawyer will know that the demand letter did not work (instead of waiting indefinitely for an answer). The deadlines in demand letters usually have no specific legal effect; nothing changes because the recipient missed the deadline to respond. And a response that comes a day or two late may have the same value to the sender as one that came right away. Still, it is a good courtesy to make a timely response to these letters, even if it is just to say that more time is needed to respond. This may also foster a productive working relationship between the parties, which may make the process of litigation and resolution smoother.

When a party files a lawsuit, the time for the defendant to respond is often a certain number of days following the delivery of the summons to the defendant. But it may be unclear when that day is in the usual situation where the plaintiff does not deliver the summons herself. And the specific date of service may be unclear if the service is made by mail or some other means. Also, different deadlines may apply if the service is made in the same state as the lawsuit, a different state, or a different country. This is one reason why parties often try to negotiate a deadline to respond so there is some certainty about what the deadline actually is. Also, a defendant may be busy on other matters and not immediately have time to respond. They may not even have a lawyer yet at the time the lawsuit begins. This is a reason why lawyers typically grant extensions when a lawsuit begins (and because courts often grant them when plaintiffs’ lawyers do not consent).

Missing a deadline to respond to a lawsuit could result in a defendant being subject to a default judgment. But in practice, many judges prefer to hear a case on the merits rather than issuing a default. And defaults are not automatic, leaving time before the default judgment for a defendant to file their response a few days (or even weeks) late. So in practice, a late response may not always be fatal to case.

Deadlines to Appeal

Unlike the deadline to answer an initial demand or pleading, the deadline to file an appeal is often strict. A good appeal, filed late, may be dismissed for the lateness alone. As a result, litigants have to be vigilant to make sure they file their notices of appeal on time.

An appeal usually comes in two stages. First, the appellant files a brief notice that they intend to appeal. This notice is usually due soon after the adverse decision and that deadline is usually strict. Then the appellant later on needs to file their arguments. Different courts have different schedules for when these arguments are due, and courts may have some flexibility in setting those schedules.

Motion and Discovery Deadlines

At the start of a case, a judge may set a schedule for many of the events that take place in a lawsuit. These include the deadlines to add parties, make certain motions, exchange evidence, and conduct a trial. As a lawsuit proceeds, the parties may ask the court to adjust the schedule.

A litigant risks angering the court by missing these deadlines, but if the litigant has a good reason for why something came late, a judge could possibly forgive some lateness. Still, the opposing party will likely claim that an adversary waived their right to offer evidence or make a motion because they were late. And if the lateness is slight (by a day or so), many litigants may not think it is worth raising the delay with the judge unless it caused them some actual harm.