When must I move to strike a Court of Federal Claims pleading that allows no response?

RCFC 12(f)(2) allows a party’s motion to strike within 21 days after service of the pleading when no response is allowed. If a response is allowed, the motion must instead precede that response. Qualifying service under RCFC 6(d) adds three days after the ordinary 21-day expiration.

Responsible actor. The party seeking to strike an insufficient defense or redundant, immaterial, impertinent or scandalous matter from a pleading.

Identify the challenged pleading and matter. Rule 12(f) concerns an insufficient defense or the listed improper matter in a pleading.

Establish that no responsive pleading is allowed. When a response is allowed, the governing requirement is to move before responding, not an automatic 21-day extension to respond.

Use effective service of the challenged pleading. Its filing date, a hearing date and service of a later motion are different events.

1. Legally effective service of the challenged pleading, after establishing that no response is allowed
2. Exclude the established event day. Count every subsequent calendar day, including intermediate weekends and legal holidays, under RCFC 6(a)(1). If the final day is a Saturday, Sunday or Rule 6(a)(6) legal holiday, continue to the next day that is not.
3. For the mapped service-based period, RCFC 6(d) adds three calendar days after the ordinary Rule 6(a) expiration only for Rule 5(b)(2)(C), (D) or (F). Apply final-day treatment to the added period. Electronic, hand and qualifying office or home service receive no addition. Use the effective incoming method; a duplicate mailed copy after effective electronic service adds none.
4. Check actual last-day court access and a different controlling order.

The calculator covers independently established events on or after the retained July 27, 2026 compilation boundary and results through December 31, 2027. Earlier editions and later dates require separate review. The bundled national holiday calendar does not infer an additional day declared by the President or Congress, actual clerk inaccessibility or a contrary order. The boundary is not a finding that an actual filing is late.

Fictitious example

Fictitious legally effective incoming electronic service. The identified ordinary procedure applies, with no motion-altered period or different court order.

Fictitious facts. Effective service, statutory finality, motion effects, entitlement and actual court access are independently established assumptions. The calculator does not determine them.

Response allowed

Rule 12(f)(2) requires a party to move before responding when a response is allowed. This calculator cannot convert that event-based requirement into a 21-day deadline.

Court initiative

Rule 12(f)(1) separately authorizes the court to act on its own. This participant calculator does not set a deadline for the court.

Extensions and actual orders

Read the actual rule, statute and order. RCFC 6(b)(1) has good-cause and excusable-neglect branches, while the controlling fee statute may impose separate limits. A request does not establish a granted extension or override a statutory requirement.

Clerk inaccessibility and calendar scope

The calculator covers independently established events on or after the retained July 27, 2026 compilation boundary and results through December 31, 2027. Earlier editions and later dates require separate review. The bundled national holiday calendar does not infer an additional day declared by the President or Congress, actual clerk inaccessibility or a contrary order. The boundary is not a finding that an actual filing is late. Under RCFC 6(a)(3)(A), actual last-day clerk inaccessibility extends filing to the first accessible day that is not a weekend or legal holiday, unless the court orders otherwise.

• Use only the party-motion branch where no responsive pleading is allowed. Establish that classification and the challenged pleading’s effective service before counting.
• This page does not grant an extension, establish fee or costs entitlement, decide finality or detect a motion, appeal, settlement or later order.

• Identify the exact pleading and matter challenged under Rule 12(f).
• Confirm that no responsive pleading is allowed.
• Preserve effective pleading service and the actual Rule 5 method.
• Read court orders and special procedures affecting the motion.
• Prepare, file and separately serve the motion under the applicable rules.
• Unless a statute or court order sets a different time, RCFC 6(a)(4) ends electronic filing at midnight Eastern Time. Other filing uses scheduled clerk closing, subject to RCFC 77.1(a). That rule states ordinary business-day hours of 8:30 a.m. to 4:30 p.m. Eastern and provides a night box until midnight for papers due that business day. Confirm current access, the actual method and a completed filing. Filing and effective service are separate acts.