On December 1, 2009, changes to the time-computation rules within the Federal Rules of Civil Procedure went into effect. These amendments will have a significant impact on anyone who practices law in the federal court system.
Although there are numerous changes within the Rules, the modifications, according to the Federal Judicial Conference, essentially represent a “days-are-days” approach to computing all time periods.
Whereas in the past, intermediate weekends would not be counted in computing time requirements, those weekends will now be counted. In order to mitigate the effect of counting such weekends, though, the changes also include extended filing deadlines in many instances.
The new Rule 6(a)(1) relating to computing time for filing a motion states that one should “exclude the day of the event that triggers the period; count every day, including intermediate Saturdays, Sundays, and legal holidays; and include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.”
Another change to the F.R.C.P. involves situations where the clerk’s office is inaccessible. The Report of the Federal Judicial Conference notes that the amendments “do not specify the meaning of ‘inaccessibility,’ which can vary depending on whether a filing is electronic or paper, leaving the definition to local rules and case law development.” According to the amended rules, “if the clerk’s office is inaccessible on the last day for filing under Rule 6(a)(1), then the time for filing is extended to the first accessible day that is not a Saturday, Sunday, or legal holiday” or “if the clerk’s office is inaccessible during the last hour for filing under Rule 6(a)(2), then the time for filing is extended to the same time on the first accessible day that is not a Saturday, Sunday, or legal holiday.”
Attorneys practicing in the federal courts would be wise to take a new look at the Federal Rules and determine how the recent amendments affect their areas of practice.
The Report of the Judicial Conference and the amendments to the Rules can be found by clicking here.