Be prepared for a change to the Federal Rules of Civil Procedure. On December 1, 2009 amendments to the Federal Rules of Civil Procedure are scheduled to take effect, and these changes include an elimination of current Rule 6(a)(2), which excludes intermediate Saturdays, Sundays, and legal holidays when a prescribed time period is less than 11 days.
According to the new Advisory Committee Notes, “Under new subdivision (a)(1), all deadlines stated in days (no matter the length) are computed in the same way. The day of the event that triggers the deadline is not counted. All other days-including intermediate Saturdays, Sundays, and legal holidays-are counted with one exception: If the period ends on a Saturday, Sunday, or legal holiday, then the deadline falls on the next day that is not a Saturday, Sunday, or legal holiday.”
The Rules will be changed for several other time periods, as well, all of which should be noted and paid attention to in detail:
- An answer or motion to dismiss must be filed 21 days instead of 20 days after service of
the summons and complaint. Rule 12(a)(1 )(A)(i). - The deadline for a jury demand is 14 (not 10) days after service of the last pleading. Rule 38(b)(1);
- A motion for judgment as a matter of law (a/k/a “directed verdict”) must be filed no later than 28 (not 10) days after entry of judgment. Rule 52 (b).
- A motion for new trial must be filed with 28 (not 10) days after judgment day. Rule 59 (bO and 50 (d);
- A notice of an application for default judgment against an appearing defendant must be served at least 7 (not 3) days before the hearing. Rule 55 (b)(2).
You can real the Federal Rules of Civil Procedure online by clicking [HERE].
