How long does a defendant have to answer a complaint if they do not waive service?

The correct answer is that a defendant has 21 days from the date of service to answer a complaint if they do not waive service. This timeline is set forth in the Federal Rules of Civil Procedure, specifically Rule 12(a)(1)(A). This rule provides that a defendant must serve an answer within 21 days after being served with the summons and complaint, unless they have previously waived service, in which case the timeline may differ.

The 21-day period is designed to give defendants sufficient time to prepare their response after being formally notified of the lawsuit. It promotes fairness and efficiency in the judicial process by ensuring that both parties have an adequate opportunity to present their case.

In contrast, the other timeframes presented in the choices are not aligned with the Federal Rules. A period of 30 days may apply in certain contexts, such as motions to dismiss or when additional time has been granted by the court, but it is not the standard response time for answering a complaint following service. Similarly, 14 days and 45 days do not correspond to the rules governing the time allowed for defendants to answer complaints. Therefore, the 21-day period is the established standard for defendants who have not waived service.