Defenses; Effect of a Motion; Motion for Judgment on the Pleadings and Other Procedural Matters

U.S Code last checked for updates: Feb 22, 2025

Rule 7012.

(a)

Time to Serve.

The time to serve a responsive pleading is as follows:

(1)

Answer to a Complaint in General. A defendant must serve an answer to a complaint within 30 days after the summons was issued, unless the court sets a different time.

(2)

Answer to a Complaint Served by Publication or on a Party in a Foreign Country. The court must set the time to serve an answer to a complaint served by publication or served on a party in a foreign country.

(3)

Answer to a Crossclaim. A party served with a pleading that states a crossclaim must serve an answer to the crossclaim within 21 days after being served.

(4)

Answer to a Counterclaim. A plaintiff served with an answer that contains a counterclaim must serve an answer to the counterclaim within 21 days after service of:

(A)

the answer; or

(B)

a court order requiring an answer, unless the order states otherwise.

(5)

Answer to a Complaint or Crossclaim—or Answer to a Counterclaim—Served on the United States or an Officer or Agency. The United States or its officer or agency must serve:

(A)

an answer to a complaint within 35 days after the summons was issued; and

(B)

an answer to a crossclaim or a counterclaim within 35 days after the United States attorney is served with the pleading that asserts the claim.

(6)

Effect of a Motion. Unless the court sets a different time, serving a motion under this rule alters these times as follows:

(A)

if the court denies the motion or postpones disposition until trial, the responsive pleading must be served within 14 days after notice of the court’s action; or

(B)

if the court grants a motion for a more definite statement, the responsive pleading must be served within 14 days after the statement is served.

(b)

Applicability of Civil Rule 12(b)–(i). Fed. R. Civ. P. 12(b)–(i) applies in an adversary proceeding. A responsive pleading must state whether the party does or does not consent to the entry of final orders or judgment by the bankruptcy court.

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 23, 2008, eff. Dec. 1, 2008; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 28, 2016, eff. Dec. 1, 2016; Apr. 2, 2024, eff. Dec. 1, 2024.)