What to do in the first 72 hours after you’re served
The complaint arrived. Before you call anyone else, here is the checklist our trial team runs on every new case.
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Being served is designed to feel urgent. Most of what matters in the next three days is not what you say — it is what you preserve, who you tell and which deadlines you calendar.
1. Calendar the response deadline
In federal court you typically have 21 days to respond. Missing it can mean a default judgment. Write the date down before you read the rest of the complaint.
2. Preserve everything
Issue a litigation hold to anyone who may hold relevant documents, messages or files. Deleted evidence is often more damaging than the evidence itself.
3. Talk to counsel before you talk to anyone else
Conversations with your counsel are privileged. Conversations with your team, your investors or the other side are not.
The first month of a case decides more than the last month of trial.
4. Notify your insurer
Many policies require prompt notice. Late notice is one of the most common — and most avoidable — reasons coverage is denied.
