What Do I File, and By When? A Section 1983 Deadline Map

The first question is never “how do I write this.” It is “which document does this event call for, and what is the clock.”

This page answers that question for the events that come up in almost every Section 1983 case. The deadlines below are the federal baseline. Your district’s local rules and your judge’s standing orders can shorten, lengthen, or add to them. Check both before you rely on any number here.

After reading this article, you should be able to:

• name the document each common docket event calls for
• find the deadline and its source
• count days the way the court counts them
• know which deadlines cannot be extended

Two rules that outrank every deadline

Silence is the enemy. An unanswered motion is often granted as unopposed. An unobjected report and recommendation is adopted. A missed deadline to amend is treated as a choice. When in doubt, file the responsive document or file a motion for more time. Never file nothing.

Calendar before you read. The day a paper arrives, write down the deadline it triggers. Then read it. People who read first get absorbed in the argument and lose track of the clock.

The map

What happened	What you file	Federal baseline deadline	Where to read more
You are ready to sue	Complaint	Statute of limitations. Usually the state’s personal-injury period, often two years. Accrual is federal law and differs by claim.	Statute of limitations by state, Statute of limitations and tolling
You filed the complaint	Summons and service on each defendant	90 days from filing. Fed. R. Civ. P. 4(m).	Service of process
Defendant was served	Nothing yet. Defendant answers or moves.	Defendant has 21 days to answer or file a Rule 12 motion; 60 days if the defendant waived service. Fed. R. Civ. P. 12(a)(1).	Answer and affirmative defenses
Defendant files a motion to dismiss	Response to the motion	Set by local rule, often 14 to 21 days. Check it.	Rule 12 motions, sample response
You need to fix or expand the complaint	Amended complaint, or motion for leave to amend	As of right within 21 days after serving it, or within 21 days after the answer or Rule 12 motion, whichever is earlier. Fed. R. Civ. P. 15(a)(1). After that, leave is required.	How and when to amend
Any deadline is too close	Motion for extension of time	Before the deadline runs, good cause. After it runs, also excusable neglect. Fed. R. Civ. P. 6(b)(1). Some deadlines cannot be extended at all. Fed. R. Civ. P. 6(b)(2).	How to ask for more time
Magistrate judge issues an R&R against you	Objections	14 days from service. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(2). Add 3 days if served by mail. Fed. R. Civ. P. 6(d).	Report and recommendation
Magistrate judge issues an R&R for you and the defendant objects	Response to objections	14 days from service of the objections. Fed. R. Civ. P. 72(b)(2).	Report and recommendation
Magistrate judge enters a discovery or scheduling order	Objection to the order	14 days from service. Fed. R. Civ. P. 72(a).	Magistrate judge
Defendant answers	Nothing required. Read it and note admissions and defenses. Reply only to a counterclaim.	Reply to a counterclaim within 21 days. Fed. R. Civ. P. 12(a)(1)(B).	Answer and affirmative defenses
Court sets a Rule 26(f) conference	Attend, then file the joint report	The conference must occur at least 21 days before the scheduling conference or scheduling order deadline. The report is due 14 days after the conference. Fed. R. Civ. P. 26(f).	Discovery
You receive interrogatories, requests for production, or requests for admission	Written responses and objections	30 days from service. Fed. R. Civ. P. 33(b)(2), 34(b)(2)(A), 36(a)(3). Unanswered requests for admission are deemed admitted.	Discovery
Defendant’s discovery responses are deficient	Meet-and-confer letter, then motion to compel	No fixed federal deadline. Many scheduling orders and local rules set one. Fed. R. Civ. P. 37(a).	Discovery
Defendant moves for summary judgment	Response, fact statement in the local format, and evidence	Set by local rule or the scheduling order. Check it.	Summary judgment
You need discovery to oppose summary judgment	Rule 56(d) declaration with the response	Same deadline as the response.	Summary judgment
Court denies qualified immunity and defendant appeals	Response brief in the court of appeals	Defendant’s notice of appeal is due 30 days from the order. Your brief deadline is set by the circuit’s briefing schedule.	Interlocutory appeal
Judgment is entered against you	Motion to alter or amend, or notice of appeal	Rule 59(e) motion within 28 days. Cannot be extended. Notice of appeal within 30 days of judgment, or 30 days after the ruling on a timely Rule 59 motion. Fed. R. Civ. P. 59(e); Fed. R. App. P. 4(a)(1), 4(a)(4).	Rule 59(e) after dismissal, Post-trial and appeal
You win at trial	Motion for attorney’s fees and costs, if any	Fees motion within 14 days after judgment unless the court orders otherwise. Fed. R. Civ. P. 54(d)(2)(B).	Post-trial and appeal
Your address changes	Notice of change of address	Immediately. Mail to a stale address still counts as service.	One paragraph. No template needed.

How to count days

Rule 6(a) controls. The rules are simple once you have done them twice.

1. Exclude the day of the event that starts the clock.
2. Count every day after that, including weekends and holidays.
3. If the last day falls on a Saturday, Sunday, or legal holiday, the deadline moves to the next business day.
4. If a paper was served on you by mail, add 3 days to your response time. Fed. R. Civ. P. 6(d). This does not apply to deadlines that run from a court order or from the entry of judgment.
5. If the court’s electronic filing system is down on the last day, the deadline moves to the first accessible day.

A filing is timely if it is filed by 11:59 p.m. in the court’s time zone on the last day, if you file electronically. If you file on paper, it must reach the clerk’s office before it closes.

Deadlines that do not move

Rule 6(b)(2) says the court may not extend the time to act under Rules 50(b), 50(d), 52(b), 59(b), 59(d), 59(e), and 60(b). The 28 days for a Rule 59(e) motion is fixed. The 30 days for a notice of appeal is set by statute and by Appellate Rule 4, which has its own narrow extension provisions for excusable neglect or good cause if you move within 30 days after the deadline.

Treat every other deadline as extendable only if you ask before it runs.

Local rules override this table

Every district has its own response times for motions. The Northern District of Texas gives 21 days. Other districts give 14. Some count from the filing date and others from service. Find the rule for your district, write the number in the margin of this page, and use that number.

The same is true for summary judgment. The format of the fact statement and the response to it is the most district-specific document in the case, and getting it wrong can result in the other side’s facts being deemed admitted. Read Before You File Anything: Local Rules and Your Judge’s Standing Orders.

Check Your Understanding

1. The magistrate judge’s R&R was mailed to you on the 1st. When are your objections due?

   Show answer

   Fourteen days from service plus three for mail service, so the 18th. Exclude the 1st, count 17 days. If the 18th is a weekend or holiday, the deadline moves to the next business day. File before then if you can.

2. The court entered final judgment dismissing your case 30 days ago. You just realized you have a strong Rule 59(e) argument. Can you ask for more time?

   Show answer

   No. Rule 6(b)(2) forbids extending the 28-day Rule 59(e) deadline. Your remaining option is a notice of appeal, and the 30-day appeal deadline is today. File it.

3. Defendants served requests for admission 35 days ago. You have not responded. What happened?

   Show answer

   Each request is deemed admitted under Rule 36(a)(3). You can move under Rule 36(b) to withdraw or amend the admissions, and courts often allow it when the merits would be served and the other side is not prejudiced. Do it immediately.