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United States · Federal appellate agency procedure

When must a respondent answer an application to enforce an agency order?

FRAP 15(b)(2) requires the respondent to serve an answer on the applicant and file it with the clerk within twenty-one days after the enforcement application is filed. Filing starts the period, not later receipt or service of a copy. The rule says the court will enter judgment for the requested relief if the respondent fails to answer in time.

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Period
21 calendar days after the verified filing event, under the scoped national procedure
Trigger
Filing of the application to enforce the agency order in the court of appeals
Rule
FRAP 15(b)(2)
Federal Rules of Appellate Procedure

December 1, 2025 compilation

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Which filing starts this agency procedure?

Identify the enforcement application and verify its actual court-of-appeals filing.

Distinguish an enforcement application from a petition to review an agency order.

Identify the respondent responsible for answering and the applicant who must receive service.

Read the actual docket and any granted extension before using the national default.

FRAP 15(b)(2)

How is the 21-day period counted?

  1. Establish the scoped procedure and actual filing event.
  2. Exclude that filing day.
  3. Count 21 calendar days.
  4. Check final-day holidays, inaccessibility and applicable directions.

Exclude the verified filing day and count every calendar day under FRAP 26(a)(1). If the final day is Saturday, Sunday or a legal holiday, continue to the next open day. Check actual inaccessibility and any applicable order.

FRAP 26(a)(6) includes the listed federal holidays and holidays declared by the President or Congress. For a period after an event it also includes applicable state holidays, including the state of the circuit clerk’s principal office. Establish the actual circuit and applicable calendar for this agency proceeding. The national calculator does not infer additional state holidays, inaccessibility or granted relief.

These clocks start from filing rather than service. Rule 26(c) does not add three days merely because a copy of the triggering paper was served.

FRAP 26(a)(4)–(6), (b) and (c)

What does a worked calculation look like?

Fictitious example

In a fictitious scoped proceeding, the enforcement application is filed on July 6, 2026. Exclude July 6 and count 21 calendar days. July 27, 2026 is the assumed open final day, with no extra state holiday, inaccessibility or different court direction.

Example counting steps
StepWhat is countedDate
TriggerEnforcement-application filingJuly 6, 2026
Count21 calendar days after filingJuly 27, 2026
Example resultMonday, July 27, 2026

Fictitious dates. Assume this national procedure applies with no extra holiday, inaccessibility or different direction. The calculation does not establish jurisdiction, intervention leave or accepted filing and service.

Try these dates in the calculator

Which qualifications affect this agency procedure?

Both service and filing
Rule 15(b)(2) requires serving the answer on the applicant and filing it with the clerk within the applicable period.
Default consequence
Rule 15(b)(2) says the court will enter judgment for the relief requested if the respondent fails to answer in time.
Enforcement jurisdiction
Rule 15(b)(1) requires filing the application with the clerk of a court of appeals authorized to enforce the agency order. This calculator does not establish that authority.
Agency-rule scope
Rule 20 applies the Appellate Rules to agency review and enforcement except Rules 3–14 and 22–23. Its appellant/appellee terms include the specified agency-proceeding actors.
Actual granted relief
Read Rule 26(b), local requirements and any actual extension grant. A pending request alone does not replace the national period.
FRAP 15(b)(2)
  • This guide does not establish current statutory review jurisdiction, a petition-for-review statutory period or entitlement to intervention.
  • Confirm actual circuit-local requirements and case orders before completing filing and service.

What should I check before filing?

Common questions

Starting event, required acts and scope

Is filing the answer enough?

No. Rule 15(b)(2) also requires serving it on the applicant within the applicable period.

FRAP 15(b)(1)–(3)

Does later receipt start my twenty-one days?

Rule 15(b)(2) expressly starts the period after the application is filed. Actual receipt and service are separate facts.

FRAP 15(b)(1)–(3)

What does the rule say about failing to answer in time?

Rule 15(b)(2) says the court will enter judgment for the relief requested. Read actual case orders and applicable procedure separately.

FRAP 15(b)(1)–(3)

Official sources and scope

Provisions used (9)
Provisions used in this guide
ProvisionPurpose
FRAP 15(b)(2)This procedure’s period, trigger and required acts
FRAP 15(b)(1)–(3)Enforcement answer, filing and default
FRAP 15(c)–(e)Intervention, statutory alternative method and separate service
FRAP 19Opinion filing and agency proposed judgment
FRAP 19 and 20Competing proposal, court settlement and agency-rule scope
FRAP 26(a)Calendar counting and actual inaccessibility
FRAP 26(a)(4)–(6), (b) and (c)Filing time zone, holidays, extensions and service additions
FRAP 25(a)Filing and separate service requirements
FRAP 25(b)–(d)Filing and separate service requirements
Read the official Appellate Rules compilation

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