Effective on December 1, 2009, Rule 6 of the Federal Rules of Civil Procedure (Computing and Extending Time; Time for Motion Papers) is being amended to simplify and streamline the procedure for calculating deadlines and periods of time. Since the Rule 6 changes would shorten current deadlines, the rest of the rules are being amended to compensate.
Most attorneys don’t encounter Rule 6 under happy circumstances. Computing periods of time is an everyday task that most attorneys (usually quite rightly) feel they’ve got pretty much nailed down by the time they begin to practice. This feeling usually lasts until the first time a litigator realizes she’s about to miss a federal court deadline—at that point, her brain addled by sleep deprivation, caffeine and fear, the lawyer turns to Rule 6, and finds language that has to be parsed like stereo instructions. To take the most egregious example, current Rule 6(a)(2) provides that when a time period is less than 11 days, “intermediate” Saturdays, Sundays and holidays are excluded. However, when the last day of a time period falls on a Saturday, Sunday or holiday, Rule 6(a)(3) extends the period until the end of the next business day. Until recently federal litigators have had no choice but to shrug (or weep, depending) and commit Rule 6 to memory.
The December 1 amendments greatly simplify the situation. The “11 day” rule is no more: Saturdays, Sundays and holidays always count regardless of the length of time to be calculated. Since this change would shorten most deadlines, other amendments are increasing many of them slightly: for instance, after December 1, the deadline to move or answer in response to a complaint under Fed. R. Civ. P. 12(a)(1) will be 21 days, rather than 20. The new deadlines are now mostly multiples of 7, so that deadlines will generally fall on the same day of the week as a triggering event. Other changes of interest to the federal litigator will be covered in a subsequent entry, but those unwilling to wait can consult the federal court system website here: http://www.uscourts.gov/rules/supct0309.html
Written by David J. Kaplan | Download v-card
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View LinkedIn Profile for David: David J. Kaplan is an associate in the firm’s litigation group. He has over twelve years of experience in commercial litigation, arbitration and mediation, and has handled matters in both state and federal court as well as FINRA and AAA arbitrations. He has conducted a bench trial in Manhattan’s Commercial Division, and has served as second-chair in several trials and arbitration proceedings. His clients have included investment banks, hedge funds, pharmaceutical companies, reinsurance companies, and bond insurers, as well as a variety of small businesses and high net-worth individuals. |
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