When must a federal government defendant answer an original complaint?

Establish actual original-complaint service on the United States attorney under Rule 4(i)(1)(A).

Rule 4(i) separately requires the applicable Attorney General, agency, officer or employee service components. Their dates do not replace Rule 12(a)(2)’s attorney-service event.

Confirm official capacity, no different federal statutory period, no served Rule 12 motion altering the time and no actual different court time or enlargement. Counterclaim and crossclaim service is outside this calculator’s original-complaint scope.

1. Identify the actual actor, pleading and required act.
2. Establish the specified event and applicable order.
3. Exclude the verified event day and count the scoped calendar-day period.
4. Check final-day conditions and preserve service and filing evidence separately.

Exclude the independently established event and count each following calendar day under Rule 6(a)(1). The scoped event is not a Rule 5 service event automatically attracting Rule 6(d).

Rule 6(a)(1) excludes the event day and counts intermediate calendar days. A final Saturday, Sunday or legal holiday carries the period forward to the next qualifying day. Rule 6(a)(6) includes federal and President or Congress declared holidays, plus state-declared holidays for forward periods in the district. Qualifying clerk inaccessibility is a separate filing condition.

Fictitious example

Fictitious original-complaint service on the United States attorney is July 6. Applicable Rule 4(i) components are independently established, and the defendant is the United States, an agency or an officer sued only officially.

Fictitious dates. The applicable event is established independently. No different statute, court-set time, granted extension, additional declared holiday or clerk inaccessibility is assumed.

All applicable government service components

Read Rule 4(i)(1)–(3). Service on the United States attorney does not itself prove every required service component is completed. This calculator does not decide valid service or cure.

Original complaint only

Rule 12(a)(2) also names counterclaims and crossclaims, but their Rule 5 service and possible Rule 6(d) conditions are not resolved by this original-complaint calculator.

Different capacity or motion

An officer sued individually for official acts uses Rule 12(a)(3)’s later-event comparison. Serving a Rule 12 motion can invoke Rule 12(a)(4). A different federal statutory time controls when applicable.

Actual court enlargement

Rule 6(b)(1) permits actual court enlargement for good cause. Before expiry, the court may act with or without motion or notice, or a request may be made. After expiry, a motion requires failure to act because of excusable neglect. A request or agreement is not a granted extension.

• This page does not establish effective service, merits, compliance or an actual court grant.
• Service and filing are different acts. Verify both when required.

• Establish actual original-complaint service on the United States attorney under Rule 4(i)(1)(A).
• Read Rule 4(i)(1)–(3). Service on the United States attorney does not itself prove every required service component is completed. This calculator does not decide valid service or cure.
• Rule 12(a)(2) also names counterclaims and crossclaims, but their Rule 5 service and possible Rule 6(d) conditions are not resolved by this original-complaint calculator.
• An officer sued individually for official acts uses Rule 12(a)(3)’s later-event comparison. Serving a Rule 12 motion can invoke Rule 12(a)(4). A different federal statutory time controls when applicable.
• Rule 6(b)(1) permits actual court enlargement for good cause. Before expiry, the court may act with or without motion or notice, or a request may be made. After expiry, a motion requires failure to act because of excusable neglect. A request or agreement is not a granted extension.
• Complete the required service using the actual applicable method. Rule 5(b) ordinarily requires service on the attorney for a represented party unless the court orders otherwise. Preserve service evidence and verify effective delivery. Rule 5(d) separately governs filing. Rule 6(a)(4) ordinarily sets electronic filing at midnight in the court’s time zone and other filing at scheduled clerk closing; it does not establish the last instant of service by every method.