{"id":4887,"date":"2017-08-13T04:39:13","date_gmt":"2017-08-13T04:39:13","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=4887"},"modified":"2017-08-13T04:39:13","modified_gmt":"2017-08-13T04:39:13","slug":"rule-45-computing-and-extending-time","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=4887","title":{"rendered":"Rule 45. Computing and Extending Time"},"content":{"rendered":"

(a) Computing Time<\/strong>. The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time.<\/p>\n

(1) Period Stated in Days or a Longer Unit<\/em>. When the period is stated in days or a longer unit of time:<\/p>\n

(A) exclude the day of the event that triggers the period;<\/p>\n

(B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and<\/p>\n

(C) 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.<\/p>\n

(2) Period Stated in Hours<\/em>. When the period is stated in hours:<\/p>\n

(A) begin counting immediately on the occurrence of the event that triggers the period;<\/p>\n

(B) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and<\/p>\n

(C) if the period would end on a Saturday, Sunday, or legal holiday, the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday.<\/p>\n

(3) Inaccessibility of the Clerk\u2019s Office<\/em>. Unless the court orders otherwise, if the clerk\u2019s office is inaccessible:<\/p>\n

(A) on the last day for filing under Rule 45(a)(1), then the time for filing is extended to the first accessible day that is not a Saturday, Sunday, or legal holiday; or<\/p>\n

(B) during the last hour for filing under Rule 45(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.<\/p>\n

(4) \u201cLast Day\u201d Defined<\/em>. Unless a different time is set by a statute, local rule, or court order, the last day ends:<\/p>\n

(A) for electronic filing, at midnight in the court\u2019s time zone; and<\/p>\n

(B) for filing by other means, when the clerk\u2019s office is scheduled to close.<\/p>\n

(5) \u201cNext Day\u201d Defined<\/em>. The \u201cnext day\u201d is determined by continuing to count forward when the period is measured after an event and backward when measured before an event.<\/p>\n

(6) \u201cLegal Holiday\u201d Defined<\/em>. \u201cLegal holiday\u201d means:<\/p>\n

(A) the day set aside by statute for observing New Year\u2019s Day, Martin Luther King Jr.\u2019s Birthday, Washington\u2019s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans\u2019 Day, Thanksgiving Day, or Christmas Day;<\/p>\n

(B) any day declared a holiday by the President or Congress; and<\/p>\n

(C) for periods that are measured after an event, any other day declared a holiday by the state where the district court is located.<\/p>\n

(b) Extending Time<\/strong>.<\/p>\n

(1) In General<\/em>. When an act must or may be done within a specified period, the court on its own may extend the time, or for good cause may do so on a party\u2019s motion made:<\/p>\n

(A) before the originally prescribed or previously extended time expires; or<\/p>\n

(B) after the time expires if the party failed to act because of excusable neglect.<\/p>\n

(2) Exception<\/em>. The court may not extend the time to take any action under Rule 35, except as stated in that rule.<\/p>\n

(c) Additional Time After Certain Kinds of Service<\/strong>. Whenever a party must or may act within a specified time after being served and service is made under Federal Rule of Civil Procedure 5(b)(2)(C) (mailing), (D) (leaving with the clerk), or (F) (other means consented to), 3 days are added after the period would otherwise expire under subdivision (a).<\/p>\n","protected":false},"excerpt":{"rendered":"

(a) Computing Time. The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) Period Stated in Days or a Longer Unit. When the period is stated in days or a longer … Continue reading Rule 45. Computing and Extending Time<\/span> →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":4746,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-4887","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4887","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4887"}],"version-history":[{"count":1,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4887\/revisions"}],"predecessor-version":[{"id":4888,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4887\/revisions\/4888"}],"up":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/4746"}],"wp:attachment":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4887"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}