When Federal & Local Rules of Civil Procedure Collide: Why District Courts Should Extend Plaintiff’s Time to Respond to a Motion to Dismiss to 21 Days
This piece explores a conflict between the Federal Rules of Civil Procedure (FRCP) and the Local Rules of Civil Procedure (LRCP) that occurs in many federal district courts. Specifically, FRCP 15(a)(1)(B) (Rule 15) grants the plaintiff an express right to “amend [her complaint] once as a matter of course within . . . 21 days after service of a motion under Rule 12(b)” (a motion to dismiss). However, many federal district courts’ LRCP give the plaintiff only fourteen days to respond to…