Civil Procedure Multistate Bar Practice Exam

Which action must occur within 21 days after service of the complaint?

1. File a notice of appeal

2. Answer or file motion

3. Request for production of documents

4. Submit expert witness disclosures

The correct answer is: Answer or file motion

In civil procedure, after a defendant is served with a complaint, they are required to respond to that complaint within a specified period, typically 21 days. This response can take the form of an answer to the complaint or a motion, such as a motion to dismiss or a motion for a more definite statement. This timeframe is critical as failing to respond within 21 days can result in a default judgment against the defendant, thereby forfeiting their opportunity to contest the claims made in the complaint. The other options do not meet the 21-day requirement for a response to the initial pleading. Filing a notice of appeal generally pertains to appealing a final judgment or order, which occurs after the trial and is not related to the response time for a complaint. A request for production of documents is a discovery tool and can be made at any time during the discovery phase of litigation, which usually occurs well after the initial response to the complaint. Likewise, submitting expert witness disclosures is also related to the discovery process and is governed by specific deadlines set forth in the court's scheduling order, not the immediate response to a complaint. Therefore, the necessity for a defendant to either answer or file a motion within 21 days after being served with the complaint is a fundamental rule