When must I answer a Court of Federal Claims counterclaim or reply to an offset or fraud plea?

Under RCFC 12(a)(1)(B), a party must file an answer to a counterclaim within 21 days after service of the answer containing it. A reply to an offset or plea of fraud is permitted within that period. Qualifying RCFC 5 service adds three days after ordinary expiration. A Rule 12 or Rule 56 motion or court order can alter the period.

Responsible actor. The party answering a counterclaim or choosing to reply to an offset or plea of fraud in the United States’ answer.

Read the served answer and identify the counterclaim, offset or plea of fraud. A counterclaim answer is required; an offset or fraud reply is not made mandatory by this subsection alone.

Establish effective service of that answer under RCFC 5. Original complaint service under Rule 4 and later discovery service do not start this response period.

Serving a Rule 12 or Rule 56 motion can alter these periods under RCFC 12(a)(4). The later-of motion-disposition comparison is outside the ordinary calculator.

1. Legally effective service of the answer containing the counterclaim, offset or plea of fraud
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.

Motion-altered response

Unless the court sets a different time, RCFC 12(a)(4)(A) uses the later of 14 days after notice of denial, postponement or withdrawal and the otherwise applicable response date. The calculator does not infer that motion event or compare both dates.

Ordered response

RCFC 12(a)(1)(C) separately addresses a court-ordered reply or third-party response. Its order-service event and any different ordered time are outside this page.

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 the ordinary RCFC 12(a)(1)(B) branch after establishing effective service of the answer and its required or permitted response. Check motion effects, special appendices and actual orders.
• This page does not grant an extension, establish fee or costs entitlement, decide finality or detect a motion, appeal, settlement or later order.

• Identify whether the answer contains a counterclaim, offset or plea of fraud.
• Determine whether the response is required, permitted or separately ordered.
• Preserve effective answer service and choose the actual Rule 5 method.
• Check served Rule 12 and Rule 56 motions, dispositions, withdrawals and actual orders.
• File the correct responsive pleading and complete its separate Rule 5 service requirements.
• 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.