What Kinds of Deadlines Must Be Met in a Lawsuit?

There are four categories of deadlines:

1. filing information in court
2. serving defendants
3. receiving information from defendants
4. attending conferences and hearings.

Why is This Important for You?

Even experienced attorneys can forget deadlines, but the court will not. And while attorneys have support staff to keep track of dates and documents, you do not. The court is unlikely to be accommodating if you miss a deadline. It is important for you to know the necessary steps to get to trial and when each step must be completed. You can print out this page as a checklist to keep track of the dates involved with your case.

12 Deadlines to Add to Your Calendar

These steps will be explored in greater depth in sections to be published in the future.

1. File Pleadings/Complaint in Court

• These are either combinations of court forms (for beginners) or documents created by the plaintiff (for law firms or more experienced individuals)
• If the government is the defendant, you first must file a “claim". A link to the page describing this process will be provided once the page is posted.

2. Serve Defendant(s)

• Have legal document(s) delivered to defendant(s)
• Deadlines vary by state and federal. (California is 60 days.)

3. File Proof of Service

• Take proof of service to the court
• Deadlines vary by state and federal. (California is 60 days.)

4. Receive Defendant(s) Response

• Demurrer - deadlines vary by state and federal. (California 30 days)
• Motion to Strike - deadlines vary by state and federal. (California 30 days)
• Anti-SLAPP motion - deadlines vary by state and federal
• Answer - deadlines vary by state and federal (California 30 days)

5. File Plaintiff Opposition

• Demurrer - deadlines vary by state and federal. (California 9 court days before hearing)
• Motion to Strike - deadlines vary by state and federal. (California 9 court days before hearing)
• Anti-SLAPP - deadlines vary by state and federal. (California 9 court days before hearing)
• Answer - if get Answer, congrats on getting past early dismissals!

6. File "Meet and Confer" Statement

• Plaintiff responsible for initiating statement
• File in court

7. Attend "Meet and Confer" Hearing

• Typically the court schedules the hearing

8. Serve Defendant(s) with Informal Discovery

• Initiation varies by state and federal. (California 10 days or later after service of complaint) Don’t wait!! Includes:
  • Depositions
  • Special Interrogatories
  • Form Interrogatories
  • Documents and Things
• Serve defendant(s) only, as you do not file in court!

9. ​Compel Discovery

• File "Motion to Compel Discovery" in court
• File "Separate Statement" at the same time
• ​Occurs after defendant(s) respond within 30 days and if Plaintiff thinks that “answers” are evasive or incomplete.
• Includes all informal discovery above.

10. Exchange Expert Witness Lists with Defendant(s)

• Deadlines vary by state and federal. (California in the range of 50 to 70 days before trial.)

11. Attend Case Management Conference

• Court tries to get plaintiff and defendant(s) to settle
• Deadlines vary by state and federal. (California 30 days before trial.)

12. Attend Trial

• Date set by the court, usually at the "Meet and Confer" hearing