Time Deadlines in Lawsuits
When we think about filing a lawsuit to collect a debt, enforce a non-compete agreement, resolve disputes between partners, etc., we all know there’s a statute of limitations requiring that lawsuits get filed within a certain period of time. But there are numerous other Court imposed deadlines that must be met.
For example, once your lawsuit is filed, a summons and complaint have to be served upon the individual or company you’re suing. Usually, service is made by the Sheriff’s office. However, if the defendant has not been served within 120 days after your lawsuit was filed, the case will be dismissed.
Once the defendant is served, he has 20 days within which to file an Answer to The Complaint. Failure to file an Answer by this deadline can result in the entry of a judgment in favor of the plaintiff.
Another rule has to do with keeping the case moving once it’s filed. Let’s say the lawsuit is filed, some discovery is taken, and then no other documents are filed with the Court for 6 months. Even if the attorneys are having discussions and are exchanging letters, the rule provides that if nothing has actually been filed with the Court for 6 months, the clerk of the Court will send out a letter warning that if no action is taken within the next 30 days, the case will be dismissed “for want of prosecution.”
If one of the parties files a motion with the Court, it will be scheduled to be heard on a certain date. If the other party wishes to oppose the motion, a written response must be filed no later than 3 days before the motion is heard.
Once a case is assigned to a judge, a Scheduling Order is issued. This Order establishes deadlines for the identification of expert witnesses, the date by which discovery must be completed, due dates for status reports to the judge, and more.
The rules provide for extensions of time granted by the judge, and attorneys frequently agree to extensions when needed. However, severe consequences can occur when time deadlines are ignored.
