Rule verification record
Every rule row and authority row the calculators use, quoted from the official text with the source, edition and printed page it was read from, and its countersign status.
68 rule rows transcribed from the official text on 2026-09-30. None has been countersigned yet. 68 of 68 rule rows and 21 of 21 authority rows are not yet countersigned. A row is countersigned when an attorney has read it against its source and dated it; the date then appears beside it here. How the rows become dates is on the methodology page.
Quotations follow one convention: straight quotes and apostrophes, and a word broken across a printed line rejoined. No word is changed, and the official em dash is kept.
Rule rows (68)
Computing time and legal holidays
1. FRCP 6(a)(1)
Status: Not yet countersigned. Row id: fed-frcp-6a1-count
A period stated in days or a longer unit: leave out the day of the trigger, count every day including weekends and holidays, and include the last day unless it is a Saturday, Sunday or legal holiday, in which case the period runs to the next day that is not.
Trigger, in the rule's words: When the period is stated in days or a longer unit of time
(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 unit of time: (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (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. (2) Period Stated in Hours. When the period is stated in hours: (A) begin counting immediately on the occurrence of the event that triggers the period; (B) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and (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. (3) Inaccessibility of the Clerk's Office. Unless the court orders otherwise, if the clerk's office is inaccessible: (A) 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 (B) 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. (4) "Last Day" Defined. Unless a different time is set by a statute, local rule, or court order, the last day ends: (A) for electronic filing, at midnight in the court's time zone; and (B) for filing by other means, when the clerk's office is scheduled to close. (5) "Next Day" Defined. The "next day" is determined by continuing to count forward when the period is measured after an event and backward when measured before an event. (6) "Legal Holiday" Defined. "Legal holiday" means: (A) the day set aside by statute for observing New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, or Christmas Day; (B) any day declared a holiday by the President or Congress; and (C) for periods that are measured after an event, any other day declared a holiday by the state where the district court is located.
2. FRCP 6(a)(3)
Status: Not yet countersigned. Row id: fed-frcp-6a3-inaccessible
If the clerk's office is inaccessible on the last day for filing, the time to file runs to the first accessible day that is not a Saturday, Sunday or legal holiday. The calculator does not know when an office is inaccessible; the registry of inaccessible days is empty.
Trigger, in the rule's words: if the clerk's office is inaccessible
(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 unit of time: (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (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. (2) Period Stated in Hours. When the period is stated in hours: (A) begin counting immediately on the occurrence of the event that triggers the period; (B) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and (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. (3) Inaccessibility of the Clerk's Office. Unless the court orders otherwise, if the clerk's office is inaccessible: (A) 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 (B) 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. (4) "Last Day" Defined. Unless a different time is set by a statute, local rule, or court order, the last day ends: (A) for electronic filing, at midnight in the court's time zone; and (B) for filing by other means, when the clerk's office is scheduled to close. (5) "Next Day" Defined. The "next day" is determined by continuing to count forward when the period is measured after an event and backward when measured before an event. (6) "Legal Holiday" Defined. "Legal holiday" means: (A) the day set aside by statute for observing New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, or Christmas Day; (B) any day declared a holiday by the President or Congress; and (C) for periods that are measured after an event, any other day declared a holiday by the state where the district court is located.
3. FRCP 6(a)(4)
Status: Not yet countersigned. Row id: fed-frcp-6a4-last-day
Unless a statute, local rule or court order sets a different time, the last day ends at midnight in the court's time zone for electronic filing, and when the clerk's office is scheduled to close for filing by other means. Shown only on filing deadlines.
Trigger, in the rule's words: the last day ends
(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 unit of time: (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (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. (2) Period Stated in Hours. When the period is stated in hours: (A) begin counting immediately on the occurrence of the event that triggers the period; (B) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and (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. (3) Inaccessibility of the Clerk's Office. Unless the court orders otherwise, if the clerk's office is inaccessible: (A) 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 (B) 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. (4) "Last Day" Defined. Unless a different time is set by a statute, local rule, or court order, the last day ends: (A) for electronic filing, at midnight in the court's time zone; and (B) for filing by other means, when the clerk's office is scheduled to close. (5) "Next Day" Defined. The "next day" is determined by continuing to count forward when the period is measured after an event and backward when measured before an event. (6) "Legal Holiday" Defined. "Legal holiday" means: (A) the day set aside by statute for observing New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, or Christmas Day; (B) any day declared a holiday by the President or Congress; and (C) for periods that are measured after an event, any other day declared a holiday by the state where the district court is located.
4. FRCP 6(a)(5)
Status: Not yet countersigned. Row id: fed-frcp-6a5-next-day
The next day is found by counting forward for a period measured after an event and backward for a period measured before one. This is the rule's text, not a convention.
Trigger, in the rule's words: The "next day" is determined by continuing to count
(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 unit of time: (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (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. (2) Period Stated in Hours. When the period is stated in hours: (A) begin counting immediately on the occurrence of the event that triggers the period; (B) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and (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. (3) Inaccessibility of the Clerk's Office. Unless the court orders otherwise, if the clerk's office is inaccessible: (A) 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 (B) 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. (4) "Last Day" Defined. Unless a different time is set by a statute, local rule, or court order, the last day ends: (A) for electronic filing, at midnight in the court's time zone; and (B) for filing by other means, when the clerk's office is scheduled to close. (5) "Next Day" Defined. The "next day" is determined by continuing to count forward when the period is measured after an event and backward when measured before an event. (6) "Legal Holiday" Defined. "Legal holiday" means: (A) the day set aside by statute for observing New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, or Christmas Day; (B) any day declared a holiday by the President or Congress; and (C) for periods that are measured after an event, any other day declared a holiday by the state where the district court is located.
5. FRCP 6(a)(6)(A)
Status: Not yet countersigned. Row id: fed-frcp-6a6A-holidays
Legal holidays under (A): the day set aside by statute for observing the eleven named holidays. The Friday before a Saturday holiday (5 U.S.C. 6103(b)(1)) is treated as a legal holiday as the prevailing reading, and the calculator shows the other date too. The Monday after a Sunday holiday comes in, if at all, through (B), under Executive Order 11582 (the observed-Sunday row).
Trigger, in the rule's words: Legal holiday
(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 unit of time: (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (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. (2) Period Stated in Hours. When the period is stated in hours: (A) begin counting immediately on the occurrence of the event that triggers the period; (B) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and (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. (3) Inaccessibility of the Clerk's Office. Unless the court orders otherwise, if the clerk's office is inaccessible: (A) 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 (B) 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. (4) "Last Day" Defined. Unless a different time is set by a statute, local rule, or court order, the last day ends: (A) for electronic filing, at midnight in the court's time zone; and (B) for filing by other means, when the clerk's office is scheduled to close. (5) "Next Day" Defined. The "next day" is determined by continuing to count forward when the period is measured after an event and backward when measured before an event. (6) "Legal Holiday" Defined. "Legal holiday" means: (A) the day set aside by statute for observing New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, or Christmas Day; (B) any day declared a holiday by the President or Congress; and (C) for periods that are measured after an event, any other day declared a holiday by the state where the district court is located.
6. FRCP 6(a)(6)(B)
Status: Not yet countersigned. Row id: fed-frcp-6a6B-declared
Legal holidays under (B): any day declared a holiday by the President or Congress. Four presidential closure days fall in the calculator's range: December 24, 2024; January 9, 2025; December 24, 2025; and December 26, 2025. The Federal Register was read for closure orders through September 30, 2026.
Trigger, in the rule's words: any day declared a holiday by the President or Congress
(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 unit of time: (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (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. (2) Period Stated in Hours. When the period is stated in hours: (A) begin counting immediately on the occurrence of the event that triggers the period; (B) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and (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. (3) Inaccessibility of the Clerk's Office. Unless the court orders otherwise, if the clerk's office is inaccessible: (A) 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 (B) 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. (4) "Last Day" Defined. Unless a different time is set by a statute, local rule, or court order, the last day ends: (A) for electronic filing, at midnight in the court's time zone; and (B) for filing by other means, when the clerk's office is scheduled to close. (5) "Next Day" Defined. The "next day" is determined by continuing to count forward when the period is measured after an event and backward when measured before an event. (6) "Legal Holiday" Defined. "Legal holiday" means: (A) the day set aside by statute for observing New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, or Christmas Day; (B) any day declared a holiday by the President or Congress; and (C) for periods that are measured after an event, any other day declared a holiday by the state where the district court is located.
7. FRCP 6(a)(6)(C)
Status: Not yet countersigned. Row id: fed-frcp-6a6C-state
Legal holidays under (C): for periods measured after an event, any other day declared a holiday by the state where the district court is located. Not applied in phase 1; forward results say so. A forward result landing on the day after Thanksgiving in a California district or in a Ninth Circuit appellate period, or on March 31 in a California district, gets a note and a latest date.
Trigger, in the rule's words: for periods that are measured after an event
(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 unit of time: (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (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. (2) Period Stated in Hours. When the period is stated in hours: (A) begin counting immediately on the occurrence of the event that triggers the period; (B) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and (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. (3) Inaccessibility of the Clerk's Office. Unless the court orders otherwise, if the clerk's office is inaccessible: (A) 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 (B) 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. (4) "Last Day" Defined. Unless a different time is set by a statute, local rule, or court order, the last day ends: (A) for electronic filing, at midnight in the court's time zone; and (B) for filing by other means, when the clerk's office is scheduled to close. (5) "Next Day" Defined. The "next day" is determined by continuing to count forward when the period is measured after an event and backward when measured before an event. (6) "Legal Holiday" Defined. "Legal holiday" means: (A) the day set aside by statute for observing New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, or Christmas Day; (B) any day declared a holiday by the President or Congress; and (C) for periods that are measured after an event, any other day declared a holiday by the state where the district court is located.
8. FRCP 6(b)(2)
Status: Not yet countersigned. Row id: fed-frcp-6b2-not-extendable
A court must not extend the time to act under Rules 50(b) and (d), 52(b), 59(b), (d) and (e), and 60(b). The not-extendable label goes on exactly those seven rows.
Trigger, in the rule's words: A court must not extend the time to act
(b) EXTENDING TIME. (1) In General. When an act may or must be done within a specified time, the court may, for good cause, extend the time: (A) with or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires; or (B) on motion made after the time has expired if the party failed to act because of excusable neglect. (2) Exceptions. A court must not extend the time to act under Rules 50(b) and (d), 52(b), 59(b), (d), and (e), and 60(b).
9. FRCP 6(d)
Status: Not yet countersigned. Row id: fed-frcp-6d-three-days
When a party acts within a time after being served and service is made by mail, by leaving the paper with the clerk, or by other means consented to, 3 days are added after the period would otherwise expire under Rule 6(a). Count, roll, add 3, roll again (2005 committee note). Electronic service adds nothing.
Trigger, in the rule's words: after being served
(d) ADDITIONAL TIME AFTER CERTAIN KINDS OF SERVICE. When a party may or must act within a specified time after being served and service is made under Rule 5(b)(2)(C) (mail), (D) (leaving with the clerk), or (F) (other means consented to), 3 days are added after the period would otherwise expire under Rule 6(a).
10. FRAP 26(a)(1)-(5)
Status: Not yet countersigned. Row id: fed-frap-26a-computing
FRAP counts the way FRCP 6(a) does, with one difference in when the last day ends: electronic filing in the district court ends at midnight in the court's time zone, and in the court of appeals at midnight in the time zone of the circuit clerk's principal office.
Trigger, in the rule's words: any time period specified in these rules
(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 unit of time: (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (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. (2) Period Stated in Hours. When the period is stated in hours: (A) begin counting immediately on the occurrence of the event that triggers the period; (B) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and (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. (3) Inaccessibility of the Clerk's Office. Unless the court orders otherwise, if the clerk's office is inaccessible: (A) on the last day for filing under Rule 26(a)(1), then the time for filing is extended to the first accessible day that is not a Saturday, Sunday, or legal holiday; or (B) during the last hour for filing under Rule 26(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. (4) "Last Day" Defined. Unless a different time is set by a statute, local rule, or court order, the last day ends: (A) for electronic filing in the district court, at midnight in the court's time zone; (B) for electronic filing in the court of appeals, at midnight in the time zone of the circuit clerk's principal office; (C) for filing under Rules 4(c)(1), 25(a)(2)(A)(ii), and 25(a)(2)(A)(iii)—and filing by mail under Rule 13(a)(2)—at the latest time for the method chosen for delivery to the post office, third-party commercial carrier, or prison mailing system; and (D) for filing by other means, when the clerk's office is scheduled to close. (5) "Next Day" Defined. The "next day" is determined by continuing to count forward when the period is measured after an event and backward when measured before an event.
11. FRAP 26(a)(6)
Status: Not yet countersigned. Row id: fed-frap-26a6-holidays
FRAP legal holidays: (A) and (B) match FRCP 6(a)(6). Under (C) a forward period also takes the holidays of the state where the circuit clerk's principal office is located. Not applied in phase 1; Ninth Circuit forward results landing on the day after Thanksgiving carry a note.
Trigger, in the rule's words: Legal holiday
(6) "Legal Holiday" Defined. "Legal holiday" means: (A) the day set aside by statute for observing New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, or Christmas Day; (B) any day declared a holiday by the President or Congress; and (C) for periods that are measured after an event, any other day declared a holiday by the state where either of the following is located: the district court that rendered the challenged judgment or order, or the circuit clerk's principal office.
12. FRAP 26(c)
Status: Not yet countersigned. Row id: fed-frap-26c-three-days
FRAP adds 3 days when a party acts within a time after being served and the paper is not served electronically or delivered on the date stated in the proof of service. It is framed differently from FRCP 6(d) and the two are never swapped.
Trigger, in the rule's words: after being served
(c) Additional Time After Certain Kinds of Service. When a party may or must act within a specified time after being served, and the paper is not served electronically on the party or delivered to the party on the date stated in the proof of service, 3 days are added after the period would otherwise expire under Rule 26(a).
13. 5 U.S.C. 6103(a)
Status: Not yet countersigned. Row id: fed-usc-6103a
The statutory dates of the eleven legal public holidays: five fixed dates (January 1, June 19, July 4, November 11, December 25) and six set weekdays. The holiday generator's source.
Trigger, in the rule's words: The following are legal public holidays
(a) The following are legal public holidays: New Year's Day, January 1. Birthday of Martin Luther King, Jr., the third Monday in January. Washington's Birthday, the third Monday in February. Memorial Day, the last Monday in May. Juneteenth National Independence Day, June 19. Independence Day, July 4. Labor Day, the first Monday in September. Columbus Day, the second Monday in October. Veterans Day, November 11. Thanksgiving Day, the fourth Thursday in November. Christmas Day, December 25.
14. 5 U.S.C. 6103(b)(1)
Status: Not yet countersigned. Row id: fed-usc-6103b-observed-saturday
Instead of a holiday on a Saturday, the Friday before is a legal public holiday, for pay and leave of employees whose workweek is Monday to Friday. The source of the observed Friday.
Trigger, in the rule's words: Instead of a holiday that occurs on a Saturday
(b) For the purpose of statutes relating to pay and leave of employees, with respect to a legal public holiday and any other day declared to be a holiday by Federal statute or Executive order, the following rules apply: (1) Instead of a holiday that occurs on a Saturday, the Friday immediately before is a legal public holiday for- (A) employees whose basic workweek is Monday through Friday; and (B) the purpose of section 6309 [1] of this title. (2) Instead of a holiday that occurs on a regular weekly non-workday of an employee whose basic workweek is other than Monday through Friday, except the regular weekly non-workday administratively scheduled for the employee instead of Sunday, the workday immediately before that regular weekly nonworkday is a legal public holiday for the employee. (3) Instead of a holiday that is designated under subsection (a) to occur on a Monday, for an employee at a duty post outside the United States whose basic workweek is other than Monday through Friday, and for whom Monday is a regularly scheduled workday, the legal public holiday is the first workday of the workweek in which the Monday designated for the observance of such holiday under subsection (a) occurs. This subsection, except subparagraph (B) of paragraph (1), does not apply to an employee whose basic workweek is Monday through Saturday.
15. Executive Order 11582, sec. 3(a)
Status: Not yet countersigned. Row id: fed-eo-11582-observed-sunday
Employees whose workweek does not include Sunday are excused on the next workday when a holiday falls on Sunday. The source of the observed Monday. An executive order, not a statute; it reaches the rules, if at all, through (B).
Trigger, in the rule's words: whenever a holiday falls on Sunday
Sec. 2. As used in this order: (a) Holiday means the first day of January, the third Monday of February, the last Monday of May, the fourth day of July, the first Monday of September, the second Monday of October, the fourth Monday of October, the fourth Thursday of November, the twenty-fifth day of December, or any other calendar day designated as a holiday by Federal statute or Executive order. ... Sec. 3. (a) Any employee whose basic workweek does not include Sunday and who would ordinarily be excused from work on a holiday falling within his basic workweek shall be excused from work on the next workday of his basic workweek whenever a holiday falls on Sunday. (b) Any employee whose basic workweek includes Sunday and who would ordinarily be excused from work on a holiday falling within his basic workweek shall be excused from work on the next workday of his basic workweek whenever a holiday falls on a day that has been administratively scheduled as his regular weekly nonworkday in lieu of Sunday. ... Sec. 6. In administering the provisions of law relating to pay and leave of absence, the workdays referred to in sections 3, 4, and 5 shall be treated as holidays in lieu of the corresponding calendar holidays. ... Sec. 9. This order is effective as of January 1, 1971.
Service, answers and amendment (FRCP 4, 12, 15, 38)
16. FRCP 4(m)
Status: Not yet countersigned. Row id: fed-frcp-4m
Time to serve the summons and complaint. If a defendant is not served within 90 days after the complaint is filed, the court must dismiss without prejudice or order service within a specified time.
Trigger, in the rule's words: after the complaint is filed
(m) TIME LIMIT FOR SERVICE. If a defendant is not served within 90 days after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. This subdivision (m) does not apply to service in a foreign country under Rule 4(f), 4(h)(2), or 4(j)(1), or to service of a notice under Rule 71.1(d)(3)(A).
17. FRCP 4(d)(1)(F)
Status: Not yet countersigned. Row id: fed-frcp-4d1F
A request to waive service must give the defendant a reasonable time of at least 30 days after the request was sent to return the waiver, or at least 60 days if sent outside any judicial district of the United States.
Trigger, in the rule's words: after the request was sent
(F) give the defendant a reasonable time of at least 30 days after the request was sent—or at least 60 days if sent to the defendant outside any judicial district of the United States—to return the waiver; and
18. FRCP 12(a)(1)(A)(i)
Status: Not yet countersigned. Row id: fed-frcp-12a1Ai
A defendant must serve an answer within 21 days after being served with the summons and complaint.
Trigger, in the rule's words: after being served with the summons and complaint
(a) TIME TO SERVE A RESPONSIVE PLEADING. Unless another time is specified by a federal statute, the time for serving a responsive pleading is as follows: (1) In General. (A) A defendant must serve an answer: (i) within 21 days after being served with the summons and complaint; or
19. FRCP 12(a)(1)(A)(ii)
Status: Not yet countersigned. Row id: fed-frcp-12a1Aii
A defendant that timely waived service must serve an answer within 60 days after the request for a waiver was sent, or within 90 days if it was sent outside any judicial district of the United States.
Trigger, in the rule's words: after the request for a waiver was sent
(ii) if it has timely waived service under Rule 4(d), within 60 days after the request for a waiver was sent, or within 90 days after it was sent to the defendant outside any judicial district of the United States.
20. FRCP 12(a)(2)
Status: Not yet countersigned. Row id: fed-frcp-12a2
The United States, a United States agency, or an officer or employee sued only in an official capacity must serve an answer within 60 days after service on the United States attorney.
Trigger, in the rule's words: after service on the United States attorney
(2) United States and Its Agencies, Officers, or Employees Sued in an Official Capacity. The United States, a United States agency, or a United States officer or employee sued only in an official capacity must serve an answer to a complaint, counterclaim, or crossclaim within 60 days after service on the United States attorney.
21. FRCP 12(a)(3)
Status: Not yet countersigned. Row id: fed-frcp-12a3
A United States officer or employee sued in an individual capacity for acts connected with federal duties must serve an answer within 60 days after service on the officer or employee or on the United States attorney, whichever is later.
Trigger, in the rule's words: after service on the officer or employee or service on the United States attorney, whichever is later
(3) United States Officers or Employees Sued in an Individual Capacity. A United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States' behalf must serve an answer to a complaint, counterclaim, or crossclaim within 60 days after service on the officer or employee or service on the United States attorney, whichever is later.
22. FRCP 12(a)(4)(A)
Status: Not yet countersigned. Row id: fed-frcp-12a4A
If the court denies a Rule 12 motion or postpones deciding it until trial, the responsive pleading must be served within 14 days after notice of the court's action, unless the court sets a different time.
Trigger, in the rule's words: after notice of the court's action
(4) Effect of a Motion. Unless the court sets a different time, serving a motion under this rule alters these periods as follows: (A) if the court denies the motion or postpones its disposition until trial, the responsive pleading must be served within 14 days after notice of the court's action; or
23. FRCP 12(a)(4)(B)
Status: Not yet countersigned. Row id: fed-frcp-12a4B
If the court grants a motion for a more definite statement, the responsive pleading must be served within 14 days after the more definite statement is served, unless the court sets a different time.
Trigger, in the rule's words: after the more definite statement is served
(4) Effect of a Motion. Unless the court sets a different time, serving a motion under this rule alters these periods as follows: ... (B) if the court grants a motion for a more definite statement, the responsive pleading must be served within 14 days after the more definite statement is served.
Open for countersignature: Confirm that Rule 6(d) reaches this period (the row adds 3 days after mail, clerk or consented service).
24. FRCP 15(a)(1)(A)
Status: Not yet countersigned. Row id: fed-frcp-15a1A
A party may amend its pleading once as a matter of course no later than 21 days after serving it.
Trigger, in the rule's words: after serving it
(1) Amending as a Matter of Course. A party may amend its pleading once as a matter of course no later than: (A) 21 days after serving it, or (B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.
25. FRCP 15(a)(1)(B)
Status: Not yet countersigned. Row id: fed-frcp-15a1B
If the pleading is one to which a responsive pleading is required, a party may amend once as a matter of course no later than 21 days after service of a responsive pleading or of a Rule 12(b), (e) or (f) motion, whichever is earlier.
Trigger, in the rule's words: after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier
(1) Amending as a Matter of Course. A party may amend its pleading once as a matter of course no later than: (A) 21 days after serving it, or (B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.
26. FRCP 15(a)(3)
Status: Not yet countersigned. Row id: fed-frcp-15a3
Unless the court orders otherwise, a required response to an amended pleading is due within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later.
Trigger, in the rule's words: after service of the amended pleading
(3) Time to Respond. Unless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later.
Open for countersignature: Confirm that Rule 6(d) reaches the 14-day leg (the row adds 3 days after mail, clerk or consented service).
27. FRCP 38(b)(1)
Status: Not yet countersigned. Row id: fed-frcp-38b1
A party may demand a jury by serving a written demand no later than 14 days after the last pleading directed to the issue is served, and filing it under Rule 5(d).
Trigger, in the rule's words: after the last pleading directed to the issue is served
(b) DEMAND. On any issue triable of right by a jury, a party may demand a jury trial by: (1) serving the other parties with a written demand—which may be included in a pleading—no later than 14 days after the last pleading directed to the issue is served; and (2) filing the demand in accordance with Rule 5(d).
Discovery and pretrial (FRCP 16 to 72)
28. FRCP 16(b)(2)
Status: Not yet countersigned. Row id: fed-frcp-16b2
Unless the judge finds good cause for delay, the judge must issue the scheduling order within the earlier of 90 days after any defendant has been served with the complaint or 60 days after any defendant has appeared.
Trigger, in the rule's words: the earlier of 90 days after any defendant has been served with the complaint or 60 days after any defendant has appeared
(2) Time to Issue. The judge must issue the scheduling order as soon as practicable, but unless the judge finds good cause for delay, the judge must issue it within the earlier of 90 days after any defendant has been served with the complaint or 60 days after any defendant has appeared.
29. FRCP 26(f)(1)
Status: Not yet countersigned. Row id: fed-frcp-26f1
The parties must confer as soon as practicable, and in any event at least 21 days before a scheduling conference is to be held or a scheduling order is due under Rule 16(b).
Trigger, in the rule's words: at least 21 days before a scheduling conference is to be held or a scheduling order is due under Rule 16(b)
(1) Conference Timing. Except in a proceeding exempted from initial disclosure under Rule 26(a)(1)(B) or when the court orders otherwise, the parties must confer as soon as practicable—and in any event at least 21 days before a scheduling conference is to be held or a scheduling order is due under Rule 16(b).
30. FRCP 26(a)(1)(C)
Status: Not yet countersigned. Row id: fed-frcp-26a1C
A party must make its initial disclosures at or within 14 days after the parties' Rule 26(f) conference.
Trigger, in the rule's words: after the parties' Rule 26(f) conference
(C) Time for Initial Disclosures—In General. A party must make the initial disclosures at or within 14 days after the parties' Rule 26(f) conference unless a different time is set by stipulation or court order, or unless a party objects during the conference that initial disclosures are not appropriate in this action and states the objection in the proposed discovery plan. In ruling on the objection, the court must determine what disclosures, if any, are to be made and must set the time for disclosure.
31. FRCP 26(a)(1)(D)
Status: Not yet countersigned. Row id: fed-frcp-26a1D
A party first served or otherwise joined after the Rule 26(f) conference must make its initial disclosures within 30 days after being served or joined.
Trigger, in the rule's words: after being served or joined
(D) Time for Initial Disclosures—For Parties Served or Joined Later. A party that is first served or otherwise joined after the Rule 26(f) conference must make the initial disclosures within 30 days after being served or joined, unless a different time is set by stipulation or court order.
32. FRCP 26(a)(2)(D)(i)
Status: Not yet countersigned. Row id: fed-frcp-26a2Di
Absent a stipulation or court order, expert disclosures must be made at least 90 days before the date set for trial or for the case to be ready for trial.
Trigger, in the rule's words: at least 90 days before the date set for trial or for the case to be ready for trial
(D) Time to Disclose Expert Testimony. A party must make these disclosures at the times and in the sequence that the court orders. Absent a stipulation or a court order, the disclosures must be made: (i) at least 90 days before the date set for trial or for the case to be ready for trial; or
33. FRCP 26(a)(2)(D)(ii)
Status: Not yet countersigned. Row id: fed-frcp-26a2Dii
Absent a stipulation or court order, evidence intended solely to contradict or rebut another party's Rule 26(a)(2)(B) or (C) evidence on the same subject must be disclosed within 30 days after the other party's disclosure.
Trigger, in the rule's words: after the other party's disclosure
Absent a stipulation or a court order, the disclosures must be made: ... (ii) if the evidence is intended solely to contradict or rebut evidence on the same subject matter identified by another party under Rule 26(a)(2)(B) or (C), within 30 days after the other party's disclosure.
34. FRCP 26(a)(3)(B)
Status: Not yet countersigned. Row id: fed-frcp-26a3B-disclosures
Unless the court orders otherwise, pretrial disclosures must be made at least 30 days before trial.
Trigger, in the rule's words: at least 30 days before trial
(B) Time for Pretrial Disclosures; Objections. Unless the court orders otherwise, these disclosures must be made at least 30 days before trial. Within 14 days after they are made, unless the court sets a different time, a party may serve and promptly file a list of the following objections: any objections to the use under Rule 32(a) of a deposition designated by another party under Rule 26(a)(3)(A)(ii); and any objection, together with the grounds for it, that may be made to the admissibility of materials identified under Rule 26(a)(3)(A)(iii). An objection not so made—except for one under Federal Rule of Evidence 402 or 403—is waived unless excused by the court for good cause.
35. FRCP 26(a)(3)(B)
Status: Not yet countersigned. Row id: fed-frcp-26a3B-objections
Within 14 days after pretrial disclosures are made, unless the court sets a different time, a party may serve and promptly file its list of objections.
Trigger, in the rule's words: Within 14 days after they are made
(B) Time for Pretrial Disclosures; Objections. Unless the court orders otherwise, these disclosures must be made at least 30 days before trial. Within 14 days after they are made, unless the court sets a different time, a party may serve and promptly file a list of the following objections: any objections to the use under Rule 32(a) of a deposition designated by another party under Rule 26(a)(3)(A)(ii); and any objection, together with the grounds for it, that may be made to the admissibility of materials identified under Rule 26(a)(3)(A)(iii). An objection not so made—except for one under Federal Rule of Evidence 402 or 403—is waived unless excused by the court for good cause.
36. FRCP 33(b)(2)
Status: Not yet countersigned. Row id: fed-frcp-33b2
The responding party must serve its answers and any objections within 30 days after being served with the interrogatories.
Trigger, in the rule's words: after being served with the interrogatories
(2) Time to Respond. The responding party must serve its answers and any objections within 30 days after being served with the interrogatories. A shorter or longer time may be stipulated to under Rule 29 or be ordered by the court.
37. FRCP 34(b)(2)(A)
Status: Not yet countersigned. Row id: fed-frcp-34b2A-served
The party to whom a Rule 34 request is directed must respond in writing within 30 days after being served.
Trigger, in the rule's words: after being served
(A) Time to Respond. The party to whom the request is directed must respond in writing within 30 days after being served or—if the request was delivered under Rule 26(d)(2)—within 30 days after the parties' first Rule 26(f) conference. A shorter or longer time may be stipulated to under Rule 29 or be ordered by the court.
38. FRCP 34(b)(2)(A)
Status: Not yet countersigned. Row id: fed-frcp-34b2A-early
If the request was delivered early under Rule 26(d)(2), the response is due within 30 days after the parties' first Rule 26(f) conference.
Trigger, in the rule's words: after the parties' first Rule 26(f) conference
(A) Time to Respond. The party to whom the request is directed must respond in writing within 30 days after being served or—if the request was delivered under Rule 26(d)(2)—within 30 days after the parties' first Rule 26(f) conference. A shorter or longer time may be stipulated to under Rule 29 or be ordered by the court.
39. FRCP 26(d)(2)
Status: Not yet countersigned. Row id: fed-frcp-26d2
An early Rule 34 request may be delivered more than 21 days after the summons and complaint are served on a party. It is considered served at the first Rule 26(f) conference.
Trigger, in the rule's words: More than 21 days after the summons and complaint are served on a party
(2) Early Rule 34 Requests. (A) Time to Deliver. More than 21 days after the summons and complaint are served on a party, a request under Rule 34 may be delivered: (i) to that party by any other party, and (ii) by that party to any plaintiff or to any other party that has been served. (B) When Considered Served. The request is considered to have been served at the first Rule 26(f) conference.
40. FRCP 36(a)(3)
Status: Not yet countersigned. Row id: fed-frcp-36a3
A matter is admitted unless, within 30 days after being served, the party to whom the request is directed serves a written answer or objection signed by the party or its attorney.
Trigger, in the rule's words: within 30 days after being served
(3) Time to Respond; Effect of Not Responding. A matter is admitted unless, within 30 days after being served, the party to whom the request is directed serves on the requesting party a written answer or objection addressed to the matter and signed by the party or its attorney. A shorter or longer time for responding may be stipulated to under Rule 29 or be ordered by the court.
41. FRCP 45(d)(2)(B)
Status: Not yet countersigned. Row id: fed-frcp-45d2B
A person commanded to produce documents or tangible things or to permit inspection may serve a written objection, which must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served.
Trigger, in the rule's words: 14 days after the subpoena is served
(B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing, or sampling any or all of the materials or to inspecting the premises—or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served.
42. FRCP 56(b)
Status: Not yet countersigned. Row id: fed-frcp-56b
Unless a different time is set by local rule or the court orders otherwise, a party may file a motion for summary judgment at any time until 30 days after the close of all discovery.
Trigger, in the rule's words: until 30 days after the close of all discovery
(b) TIME TO FILE A MOTION. Unless a different time is set by local rule or the court orders otherwise, a party may file a motion for summary judgment at any time until 30 days after the close of all discovery.
43. FRCP 72(a)
Status: Not yet countersigned. Row id: fed-frcp-72a
A party may serve and file objections to a magistrate judge's order on a nondispositive matter within 14 days after being served with a copy.
Trigger, in the rule's words: after being served with a copy
A party may serve and file objections to the order within 14 days after being served with a copy. A party may not assign as error a defect in the order not timely objected to.
44. FRCP 72(b)(2)
Status: Not yet countersigned. Row id: fed-frcp-72b2-objections
Within 14 days after being served with a copy of the recommended disposition, a party may serve and file specific written objections to the proposed findings and recommendations.
Trigger, in the rule's words: after being served with a copy of the recommended disposition
(2) Objections. Within 14 days after being served with a copy of the recommended disposition, a party may serve and file specific written objections to the proposed findings and recommendations. A party may respond to another party's objections within 14 days after being served with a copy.
45. FRCP 72(b)(2)
Status: Not yet countersigned. Row id: fed-frcp-72b2-response
A party may respond to another party's objections within 14 days after being served with a copy.
Trigger, in the rule's words: after being served with a copy
(2) Objections. Within 14 days after being served with a copy of the recommended disposition, a party may serve and file specific written objections to the proposed findings and recommendations. A party may respond to another party's objections within 14 days after being served with a copy.
Post-trial motions (FRCP 50, 52, 54, 59, 60, 62)
46. FRCP 50(b)
Status: Not yet countersigned. Row id: fed-frcp-50b
A renewed motion for judgment as a matter of law must be filed no later than 28 days after the entry of judgment, or, if the motion addresses a jury issue not decided by a verdict, no later than 28 days after the jury was discharged.
Trigger, in the rule's words: after the entry of judgment
No later than 28 days after the entry of judgment—or if the motion addresses a jury issue not decided by a verdict, no later than 28 days after the jury was discharged—the movant may file a renewed motion for judgment as a matter of law and may include an alternative or joint request for a new trial under Rule 59.
47. FRCP 50(d)
Status: Not yet countersigned. Row id: fed-frcp-50d
A motion for a new trial under Rule 59 by a party against whom judgment as a matter of law is rendered must be filed no later than 28 days after the entry of the judgment.
Trigger, in the rule's words: after the entry of the judgment
(d) TIME FOR A LOSING PARTY'S NEW-TRIAL MOTION. Any motion for a new trial under Rule 59 by a party against whom judgment as a matter of law is rendered must be filed no later than 28 days after the entry of the judgment.
48. FRCP 52(b)
Status: Not yet countersigned. Row id: fed-frcp-52b
A motion to amend the findings or make additional findings must be filed no later than 28 days after the entry of judgment.
Trigger, in the rule's words: after the entry of judgment
(b) AMENDED OR ADDITIONAL FINDINGS. On a party's motion filed no later than 28 days after the entry of judgment, the court may amend its findings—or make additional findings—and may amend the judgment accordingly. The motion may accompany a motion for a new trial under Rule 59.
49. FRCP 59(b)
Status: Not yet countersigned. Row id: fed-frcp-59b
A motion for a new trial must be filed no later than 28 days after the entry of judgment.
Trigger, in the rule's words: after the entry of judgment
(b) TIME TO FILE A MOTION FOR A NEW TRIAL. A motion for a new trial must be filed no later than 28 days after the entry of judgment.
50. FRCP 59(c)
Status: Not yet countersigned. Row id: fed-frcp-59c
When a motion for a new trial is based on affidavits, the opposing party has 14 days after being served to file opposing affidavits.
Trigger, in the rule's words: after being served
(c) TIME TO SERVE AFFIDAVITS. When a motion for a new trial is based on affidavits, they must be filed with the motion. The opposing party has 14 days after being served to file opposing affidavits. The court may permit reply affidavits.
51. FRCP 59(d)
Status: Not yet countersigned. Row id: fed-frcp-59d
No later than 28 days after the entry of judgment, the court, on its own, may order a new trial for any reason that would justify granting one on a party's motion.
Trigger, in the rule's words: after the entry of judgment
(d) NEW TRIAL ON THE COURT'S INITIATIVE OR FOR REASONS NOT IN THE MOTION. No later than 28 days after the entry of judgment, the court, on its own, may order a new trial for any reason that would justify granting one on a party's motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion. In either event, the court must specify the reasons in its order.
52. FRCP 59(e)
Status: Not yet countersigned. Row id: fed-frcp-59e
A motion to alter or amend a judgment must be filed no later than 28 days after the entry of the judgment.
Trigger, in the rule's words: after the entry of the judgment
(e) MOTION TO ALTER OR AMEND A JUDGMENT. A motion to alter or amend a judgment must be filed no later than 28 days after the entry of the judgment.
53. FRCP 54(d)(2)(B)(i)
Status: Not yet countersigned. Row id: fed-frcp-54d2Bi
Unless a statute or a court order provides otherwise, a motion for attorney's fees must be filed no later than 14 days after the entry of judgment.
Trigger, in the rule's words: after the entry of judgment
(B) Timing and Contents of the Motion. Unless a statute or a court order provides otherwise, the motion must: (i) be filed no later than 14 days after the entry of judgment;
54. FRCP 60(c)(1)
Status: Not yet countersigned. Row id: fed-frcp-60c1
A Rule 60(b) motion must be made within a reasonable time, and for reasons (1), (2) and (3) no more than a year after the entry of the judgment or order or the date of the proceeding.
Trigger, in the rule's words: after the entry of the judgment or order or the date of the proceeding
(1) Timing. A motion under Rule 60(b) must be made within a reasonable time—and for reasons (1), (2), and (3) no more than a year after the entry of the judgment or order or the date of the proceeding.
55. FRCP 62(a)
Status: Not yet countersigned. Row id: fed-frcp-62a
Except as provided in Rule 62(c) and (d), execution on a judgment and proceedings to enforce it are stayed for 30 days after its entry, unless the court orders otherwise.
Trigger, in the rule's words: for 30 days after its entry
(a) AUTOMATIC STAY. Except as provided in Rule 62(c) and (d), execution on a judgment and proceedings to enforce it are stayed for 30 days after its entry, unless the court orders otherwise.
Notice of appeal (FRAP 4)
56. FRAP 4(a)(1)(A)
Status: Not yet countersigned. Row id: fed-frap-4a1A
In a civil case, the notice of appeal must be filed with the district clerk within 30 days after entry of the judgment or order appealed from, except as provided in Rules 4(a)(1)(B), 4(a)(4) and 4(c).
Trigger, in the rule's words: after entry of the judgment or order appealed from
(A) In a civil case, except as provided in Rules 4(a)(1)(B), 4(a)(4), and 4(c), the notice of appeal required by Rule 3 must be filed with the district clerk within 30 days after entry of the judgment or order appealed from.
57. FRAP 4(a)(1)(B)
Status: Not yet countersigned. Row id: fed-frap-4a1B
The notice of appeal may be filed by any party within 60 days after entry of the judgment or order if one of the parties is the United States, a United States agency, a United States officer or employee sued in an official capacity, or a current or former officer or employee sued in an individual capacity for an act or omission connected with duties performed on the United States' behalf.
Trigger, in the rule's words: after entry of the judgment or order appealed from
(B) The notice of appeal may be filed by any party within 60 days after entry of the judgment or order appealed from if one of the parties is: (i) the United States; (ii) a United States agency; (iii) a United States officer or employee sued in an official capacity; or (iv) a current or former United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States' behalf—including all instances in which the United States represents that person when the judgment or order is entered or files the appeal for that person.
58. FRAP 4(a)(3)
Status: Not yet countersigned. Row id: fed-frap-4a3
If one party timely files a notice of appeal, any other party may file a notice of appeal within 14 days after the date when the first notice was filed, or within the time otherwise prescribed by Rule 4(a), whichever period ends later.
Trigger, in the rule's words: after the date when the first notice was filed
(3) Multiple Appeals. If one party timely files a notice of appeal, any other party may file a notice of appeal within 14 days after the date when the first notice was filed, or within the time otherwise prescribed by this Rule 4(a), whichever period ends later.
59. FRAP 4(a)(4)
Status: Not yet countersigned. Row id: fed-frap-4a4
A timely motion listed in Rule 4(a)(4)(A) restarts the time to appeal for all parties from the entry of the order disposing of the last such remaining motion.
Trigger, in the rule's words: from the entry of the order disposing of the last such remaining motion
(4) Effect of a Motion on a Notice of Appeal. (A) If a party files in the district court any of the following motions under the Federal Rules of Civil Procedure—and does so within the time allowed by those rules—the time to file an appeal runs for all parties from the entry of the order disposing of the last such remaining motion: (i) for judgment under Rule 50(b); (ii) to amend or make additional factual findings under Rule 52(b), whether or not granting the motion would alter the judgment; (iii) for attorney's fees under Rule 54 if the district court extends the time to appeal under Rule 58; (iv) to alter or amend the judgment under Rule 59; (v) for a new trial under Rule 59; or (vi) for relief under Rule 60 if the motion is filed within the time allowed for filing a motion under Rule 59. (B)(i) If a party files a notice of appeal after the court announces or enters a judgment—but before it disposes of any motion listed in Rule 4(a)(4)(A)—the notice becomes effective to appeal a judgment or order, in whole or in part, when the order disposing of the last such remaining motion is entered. (ii) A party intending to challenge an order disposing of any motion listed in Rule 4(a)(4)(A), or a judgment's alteration or amendment upon such a motion, must file a notice of appeal, or an amended notice of appeal—in compliance with Rule 3(c)—within the time prescribed by this Rule measured from the entry of the order disposing of the last such remaining motion. (iii) No additional fee is required to file an amended notice.
60. FRAP 4(a)(5)(A)(i)
Status: Not yet countersigned. Row id: fed-frap-4a5
The district court may extend the time to file a notice of appeal if a party moves no later than 30 days after the time prescribed by Rule 4(a) expires and shows excusable neglect or good cause.
Trigger, in the rule's words: no later than 30 days after the time prescribed by this Rule 4(a) expires
(5) Motion for Extension of Time. (A) The district court may extend the time to file a notice of appeal if: (i) a party so moves no later than 30 days after the time prescribed by this Rule 4(a) expires; and (ii) regardless of whether its motion is filed before or during the 30 days after the time prescribed by this Rule 4(a) expires, that party shows excusable neglect or good cause. (B) A motion filed before the expiration of the time prescribed in Rule 4(a)(1) or (3) may be ex parte unless the court requires otherwise. If the motion is filed after the expiration of the prescribed time, notice must be given to the other parties in accordance with local rules. (C) No extension under this Rule 4(a)(5) may exceed 30 days after the prescribed time or 14 days after the date when the order granting the motion is entered, whichever is later.
61. FRAP 4(a)(6)
Status: Not yet countersigned. Row id: fed-frap-4a6
The district court may reopen the time to file an appeal for 14 days after the date its order to reopen is entered, but only if all three conditions in Rule 4(a)(6)(A) to (C) are satisfied.
Trigger, in the rule's words: after the date when its order to reopen is entered
(6) Reopening the Time to File an Appeal. The district court may reopen the time to file an appeal for a period of 14 days after the date when its order to reopen is entered, but only if all the following conditions are satisfied: (A) the court finds that the moving party did not receive notice under Federal Rule of Civil Procedure 77(d) of the entry of the judgment or order sought to be appealed within 21 days after entry; (B) the motion is filed within 180 days after the judgment or order is entered or within 14 days after the moving party receives notice under Federal Rule of Civil Procedure 77(d) of the entry, whichever is earlier; and (C) the court finds that no party would be prejudiced.
62. FRAP 4(a)(7)
Status: Not yet countersigned. Row id: fed-frap-4a7
When a judgment or order is entered for purposes of Rule 4(a). If Civil Rule 58(a) requires a separate document, entry occurs at the earlier of the separate document or 150 days after entry in the civil docket.
Trigger, in the rule's words: A judgment or order is entered for purposes of this Rule 4(a)
(7) Entry Defined. (A) A judgment or order is entered for purposes of this Rule 4(a): (i) if Federal Rule of Civil Procedure 58(a) does not require a separate document, when the judgment or order is entered in the civil docket under Federal Rule of Civil Procedure 79(a); or (ii) if Federal Rule of Civil Procedure 58(a) requires a separate document, when the judgment or order is entered in the civil docket under Federal Rule of Civil Procedure 79(a) and when the earlier of these events occurs: • the judgment or order is set forth on a separate document, or • 150 days have run from entry of the judgment or order in the civil docket under Federal Rule of Civil Procedure 79(a). (B) A failure to set forth a judgment or order on a separate document when required by Federal Rule of Civil Procedure 58(a) does not affect the validity of an appeal from that judgment or order.
Removal and remand (28 U.S.C. 1446, 1447; FRCP 81(c)(2))
63. 28 U.S.C. 1446(b)(1)
Status: Not yet countersigned. Row id: fed-usc-1446b1
The notice of removal must be filed within 30 days after the defendant receives, through service or otherwise, a copy of the initial pleading, or within 30 days after service of summons if the initial pleading has then been filed in court and is not required to be served on the defendant, whichever period is shorter.
Trigger, in the rule's words: after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading
(b) Requirements; Generally.-(1) The notice of removal of a civil action or proceeding shall be filed within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based, or within 30 days after the service of summons upon the defendant if such initial pleading has then been filed in court and is not required to be served on the defendant, whichever period is shorter.
64. 28 U.S.C. 1446(b)(2)(B)-(C)
Status: Not yet countersigned. Row id: fed-usc-1446b2BC
Each defendant has 30 days after receipt by or service on that defendant of the initial pleading or summons to file the notice of removal. An earlier-served defendant may consent to a later-served defendant's removal.
Trigger, in the rule's words: after receipt by or service on that defendant of the initial pleading or summons described in paragraph (1)
(B) Each defendant shall have 30 days after receipt by or service on that defendant of the initial pleading or summons described in paragraph (1) to file the notice of removal. (C) If defendants are served at different times, and a later-served defendant files a notice of removal, any earlier-served defendant may consent to the removal even though that earlier-served defendant did not previously initiate or consent to removal.
65. 28 U.S.C. 1446(b)(3)
Status: Not yet countersigned. Row id: fed-usc-1446b3
Except as provided in subsection (c), if the case stated by the initial pleading is not removable, a notice of removal may be filed within thirty days after the defendant receives a copy of an amended pleading, motion, order or other paper from which it may first be ascertained that the case is or has become removable.
Trigger, in the rule's words: after receipt by the defendant, through service or otherwise, of a copy of an amended pleading, motion, order or other paper
(3) Except as provided in subsection (c), if the case stated by the initial pleading is not removable, a notice of removal may be filed within thirty days after receipt by the defendant, through service or otherwise, of a copy of an amended pleading, motion, order or other paper from which it may first be ascertained that the case is one which is or has become removable.
66. 28 U.S.C. 1446(c)(1)
Status: Not yet countersigned. Row id: fed-usc-1446c1
A case may not be removed under 1446(b)(3) on the basis of diversity jurisdiction under section 1332 more than 1 year after commencement of the action, unless the district court finds that the plaintiff acted in bad faith to prevent removal.
Trigger, in the rule's words: more than 1 year after commencement of the action
(c) Requirements; Removal Based on Diversity of Citizenship.-(1) A case may not be removed under subsection (b)(3) on the basis of jurisdiction conferred by section 1332 more than 1 year after commencement of the action, unless the district court finds that the plaintiff has acted in bad faith in order to prevent a defendant from removing the action. ... (3) ... (B) If the notice of removal is filed more than 1 year after commencement of the action and the district court finds that the plaintiff deliberately failed to disclose the actual amount in controversy to prevent removal, that finding shall be deemed bad faith under paragraph (1).
Open for countersignature: This cap carries no usc-roll flag, so it rolls under Rule 6(a) with no roll caveat. Confirm, or mark it like the other 1446 rows.
67. 28 U.S.C. 1447(c)
Status: Not yet countersigned. Row id: fed-usc-1447c
A motion to remand on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal.
Trigger, in the rule's words: after the filing of the notice of removal under section 1446(a)
(c) A motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal under section 1446(a). If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded. An order remanding the case may require payment of just costs and any actual expenses, including attorney fees, incurred as a result of the removal. A certified copy of the order of remand shall be mailed by the clerk to the clerk of the State court. The State court may thereupon proceed with such case.
68. FRCP 81(c)(2)
Status: Not yet countersigned. Row id: fed-frcp-81c2
A defendant who did not answer before removal must answer or present other defenses or objections within the longest of: 21 days after receiving a copy of the initial pleading, 21 days after being served with the summons for an initial pleading on file at the time of service, or 7 days after the notice of removal is filed.
Trigger, in the rule's words: receipt of the initial pleading; service of the summons for an initial pleading on file; filing of the notice of removal
(2) Further Pleading. After removal, repleading is unnecessary unless the court orders it. A defendant who did not answer before removal must answer or present other defenses or objections under these rules within the longest of these periods: (A) 21 days after receiving—through service or otherwise—a copy of the initial pleading stating the claim for relief; (B) 21 days after being served with the summons for an initial pleading on file at the time of service; or (C) 7 days after the notice of removal is filed.
Authority rows (21)
Committee notes, presidential closure orders and cases the calculators rely on beside the rule text. They are counted separately from the rule rows and countersigned the same way.
Committee note: FRCP 6, committee note to the 2009 amendment, subdivision (a)(6)
Status: Not yet countersigned. Row id: fed-note-frcp6-2009-a6
Subdivision (a)(6) continues to include days declared a holiday by the President or Congress.
Subdivision (a)(6). New subdivision (a)(6) defines "legal holiday" for purposes of the Federal Rules of Civil Procedure, including the time-computation provisions of subdivision (a). Subdivision (a)(6) continues to include within the definition of "legal holiday" days that are declared a holiday by the President or Congress.
Committee note: FRCP 6 and FRAP 26, committee notes to the 2009 amendments, subdivision (a)(6)
Status: Not yet countersigned. Row id: fed-note-frcp6-frap26-2009-a6-state
State holidays count only for periods measured after an event, with the Patriot's Day example. The FRAP 26 note carries the same paragraph.
For forward-counted periods—i.e., periods that are measured after an event—subdivision (a)(6)(C) includes certain state holidays within the definition of legal holidays. However, state legal holidays are not recognized in computing backward-counted periods. For both forward- and backward-counted periods, the rule thus protects those who may be unsure of the effect of state holidays. For forward-counted deadlines, treating state holidays the same as federal holidays extends the deadline. Thus, someone who thought that the federal courts might be closed on a state holiday would be safeguarded against an inadvertent late filing. In contrast, for backward-counted deadlines, not giving state holidays the treatment of federal holidays allows filing on the state holiday itself rather than the day before. Take, for example, Monday, April 21, 2008 (Patriot's Day, a legal holiday in the relevant state). If a filing is due 14 days after an event, and the fourteenth day is April 21, then the filing is due on Tuesday, April 22 because Monday, April 21 counts as a legal holiday. But if a filing is due 14 days before an event, and the fourteenth day is April 21, the filing is due on Monday, April 21; the fact that April 21 is a state holiday does not make April 21 a legal holiday for purposes of computing this backward-counted deadline. But note that if the clerk's office is inaccessible on Monday, April 21, then subdivision (a)(3) extends the April 21 filing deadline forward to the next accessible day that is not a Saturday, Sunday or legal holiday—no earlier than Tuesday, April 22.
Committee note: FRCP 6, committee note to the 2007 amendment
Status: Not yet countersigned. Row id: fed-note-frcp6-2007
The 2007 restyling, which introduced the wording 'the day set aside by statute for observing,' was intended to be stylistic only.
The language of Rule 6 has been amended as part of the general restyling of the Civil Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only.
Committee note: FRCP 6, committee note to the 2005 amendment
Status: Not yet countersigned. Row id: fed-note-frcp6-2005
The order for the added days: the period expires under Rule 6(a), including the roll, then 3 days are added, then the roll applies again.
Rule 6(e) is amended to remove any doubt as to the method for extending the time to respond after service by mail, leaving with the clerk of court, electronic means, or other means consented to by the party served. Three days are added after the prescribed period otherwise expires under Rule 6(a). Intermediate Saturdays, Sundays, and legal holidays are included in counting these added three days. If the third day is a Saturday, Sunday, or legal holiday, the last day to act is the next day that is not a Saturday, Sunday, or legal holiday. The effect of invoking the day when the prescribed period would otherwise expire under Rule 6(a) can be illustrated by assuming that the thirtieth day of a thirty-day period is a Saturday. Under Rule 6(a) the period expires on the next day that is not a Sunday or legal holiday. If the following Monday is a legal holiday, under Rule 6(a) the period expires on Tuesday. Three days are then added—Wednesday, Thursday, and Friday as the third and final day to act. If the period prescribed expires on a Friday, the three added days are Saturday, Sunday, and Monday, which is the third and final day to act unless it is a legal holiday. If Monday is a legal holiday, the next day that is not a legal holiday is the third and final day to act.
Committee note: FRCP 6, committee note to the 2016 amendment
Status: Not yet countersigned. Row id: fed-note-frcp6-2016
Electronic service no longer adds 3 days, and 'after being served' replaced 'after service' so a party acting after making its own service (Rules 14(a)(1), 15(a)(1)(A), 38(b)(1)) gets no added days.
Rule 6(d) is amended to remove service by electronic means under Rule 5(b)(2)(E) from the modes of service that allow 3 added days to act after being served. ... What is now Rule 6(d) was amended in 2005 "to remove any doubt as to the method for calculating the time to respond after service by mail, leaving with the clerk of court, electronic means, or by other means consented to by the party served." A potential ambiguity was created by substituting "after service" for the earlier references to acting after service "upon the party" if a paper or notice "is served upon the party" by the specified means. "[A]fter service" could be read to refer not only to a party that has been served but also to a party that has made service. That reading would mean that a party who is allowed a specified time to act after making service can extend the time by choosing one of the means of service specified in the rule, something that was never intended by the original rule or the amendment. Rules setting a time to act after making service include Rules 14(a)(1), 15(a)(1)(A), and 38(b)(1). "[A]fter being served" is substituted for "after service" to dispel any possible misreading.
Committee note: FRCP 6 and FRAP 26, committee notes to the 2009 amendments, subdivision (a)(3)
Status: Not yet countersigned. Row id: fed-note-frcp6-frap26-2009-a3
Inaccessibility can occur for reasons other than weather, such as an outage of the electronic filing system; the rule does not define it. The FRAP 26 note carries the same four sentences.
The text of the rule no longer refers to "weather or other conditions" as the reason for the inaccessibility of the clerk's office. The reference to "weather" was deleted from the text to underscore that inaccessibility can occur for reasons unrelated to weather, such as an outage of the electronic filing system. Weather can still be a reason for inaccessibility of the clerk's office. The rule does not attempt to define inaccessibility.
Committee note: FRCP 15, committee note to the 2023 amendment
Status: Not yet countersigned. Row id: fed-note-frcp15-2023
'No later than' replaced 'within' so the right to amend once as a matter of course continues without interruption until 21 days after the earlier of the Rule 15(a)(1)(B) events.
Rule 15(a)(1) is amended to substitute "no later than" for "within" to measure the time allowed to amend once as a matter of course. A literal reading of "within" would lead to an untoward practice if a pleading is one to which a responsive pleading is required and neither a responsive pleading nor one of the Rule 12 motions has been served within 21 days after service of the pleading. Under this reading, the time to amend once as a matter of course lapses 21 days after the pleading is served and is revived only on the later service of a responsive pleading or one of the Rule 12 motions. There is no reason to suspend the right to amend in this way. "No later than" makes it clear that the right to amend continues without interruption until 21 days after the earlier of the events described in Rule 15(a)(1)(B).
Committee note: FRCP 15, committee note to the 2009 amendment
Status: Not yet countersigned. Row id: fed-note-frcp15-2009
The two 21-day periods after a responsive pleading or a designated motion are not cumulative.
The 21-day periods to amend once as a matter of course after service of a responsive pleading or after service of a designated motion are not cumulative. If a responsive pleading is served after one of the designated motions is served, for example, there is no new 21-day period.
Committee note: FRCP 45, committee note to the 2007 amendment
Status: Not yet countersigned. Row id: fed-note-frcp45-2007
The 2007 restyling of Rule 45, which replaced 'within 14 days' in the objection provision, was intended to be stylistic only.
The language of Rule 45 has been amended as part of the general restyling of the Civil Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only.
Committee note: FRCP 72, advisory committee notes of 1983 and 1991
Status: Not yet countersigned. Row id: fed-note-frcp72-1983-1991
The 1983 note makes the objection period for a recommended disposition subject to the added days after mail service; the 1991 amendment conformed Rule 72(a) to Rule 72(b), counting from service of a copy.
This rule implements the statutory procedures for making objections to the magistrate's proposed findings and recommendations. The 10-day period, as specified in the statute, is subject to Rule 6(e) which provides for an additional 3-day period when service is made by mail. Although no specific provision appears in the Magistrates Act, the rule specifies a 10-day period for a party to respond to objections to the magistrate's recommendation. ... This amendment is intended to eliminate a discrepancy in measuring the 10 days for serving and filing objections to a magistrate's action under subdivisions (a) and (b) of this Rule. The rule as promulgated in 1983 required objections to the magistrate's handling of nondispositive matters to be served and filed within 10 days of entry of the order, but required objections to dispositive motions to be made within 10 days of being served with a copy of the recommended disposition. Subdivision (a) is here amended to conform to subdivision (b) to avoid any confusion or technical defaults, particularly in connection with magistrate orders that rule on both dispositive and nondispositive matters.
Closure order: Executive Order 14129, 89 Fed. Reg. 104857 (Dec. 26, 2024)
Status: Not yet countersigned. Row id: fed-eo-14129
Closes the executive departments and agencies on Tuesday, December 24, 2024, and places the day within Executive Order 11582 and 5 U.S.C. 5546 and 6103(b).
Section 1. All executive departments and agencies of the Federal Government shall be closed and their employees excused from duty on Tuesday, December 24, 2024, the day before Christmas Day. ... Sec. 3. December 24, 2024, shall be considered as falling within the scope of Executive Order 11582 of February 11, 1971, and of 5 U.S.C. 5546 and 6103(b) and other similar statutes insofar as they relate to the pay and leave of employees of the United States.
Closure order: Executive Order 14133, 90 Fed. Reg. 187 (Jan. 3, 2025)
Status: Not yet countersigned. Row id: fed-eo-14133
Closes the executive departments and agencies on January 9, 2025, as a mark of respect for President Carter, and places the day within Executive Order 11582 and 5 U.S.C. 5546 and 6103(b).
Section 1. All executive departments and agencies of the Federal Government shall be closed on January 9, 2025, as a mark of respect for James Earl Carter, Jr., the thirty-ninth President of the United States. ... Sec. 3. January 9, 2025, shall be considered as falling within the scope of Executive Order 11582 of February 11, 1971, and of 5 U.S.C. 5546 and 6103(b) and other similar statutes insofar as they relate to the pay and leave of employees of the United States.
Closure order: Executive Order 14371, 90 Fed. Reg. 60545 (Dec. 23, 2025)
Status: Not yet countersigned. Row id: fed-eo-14371
Closes the executive departments and agencies on Wednesday, December 24, 2025, and Friday, December 26, 2025, and places both days within Executive Order 11582 and 5 U.S.C. 5546 and 6103(b).
Section 1. All executive departments and agencies of the Federal Government shall be closed and their employees excused from duty on Wednesday, December 24, 2025, and Friday, December 26, 2025, the day before and the day following Christmas Day, respectively. ... Sec. 3. December 24, 2025, and December 26, 2025, shall be considered as falling within the scope of Executive Order 11582 of February 11, 1971, and of 5 U.S.C. 5546 and 6103(b) and other similar statutes insofar as they relate to the pay and leave of employees of the United States.
Case: Hart v. Sheahan, 396 F.3d 887, 890-91 (7th Cir. 2005)
Status: Not yet countersigned. Row id: fed-case-hart Citator: no negative treatment reported by the citator run.
A presidential closure of the government for celebratory or commemorative reasons is presumed to declare a legal holiday under Rule 6(a).
Decided on the wording before 2007 ('appointed as a holiday'); the 2007 change to 'declared' was stylistic.
The clincher is the superior simplicity of a rule that says that when the President closes the government for celebratory or commemorative reasons (see, e.g., Executive Order 13343, 69 Fed. Reg. 32,245 (June 6, 2004), closing the government for a day of commemoration of President Reagan), rather than because of a budgetary crisis [citation omitted], or for a snow emergency, terrorist act, or some other force majeure, the presumption is that he has declared a legal holiday.
Case: Mashpee Wampanoag Tribal Council, Inc. v. Norton, 336 F.3d 1094, 1098-99 (D.C. Cir. 2003)
Status: Not yet countersigned. Row id: fed-case-mashpee Citator: citator runs disagree; to be re-run before any citation.
A day the President gives all executive branch employees off is a Rule 6(a) holiday for federal litigators (the Christmas Eve 2001 closure).
Flag conflict: one citator run reported yellow (Yafai, which cites Mashpee only on APA delay), the other none. Re-run before citing, and state the flag if it is yellow.
When the President gives all employees in the Executive Branch a day off, we believe Rule 6(a) contemplates a break for federal litigators.
Open for countersignature: Flag conflict (yellow in one run, none in the other). Re-run the citator before citing, and state the flag if it is yellow.
Case: Dwyer v. Duffy (In re Dwyer), 426 F.3d 1041, 1044 (9th Cir. 2005)
Status: Not yet countersigned. Row id: fed-case-dwyer Citator: no negative treatment reported by the citator run.
The day after Thanksgiving, a California judicial holiday, is a legal holiday under the parallel bankruptcy rule for California practitioners.
We therefore hold that the day after Thanksgiving, which is a "judicial holiday" under the latter section, is "appointed as a holiday" by California and thus is a "legal holiday" under Bankruptcy Rule 9006 for California practitioners.
Case: Yepremyan v. Holder, 614 F.3d 1042, 1043-44 and n.2 (9th Cir. 2010)
Status: Not yet countersigned. Row id: fed-case-yepremyan Citator: no negative treatment reported by the citator run.
The day after Thanksgiving is a legal holiday for computing time under FRAP 26(a), because the Ninth Circuit clerk's principal office is in San Francisco.
Thus, we conclude that the day after Thanksgiving is a legal holiday for purposes of calculating time under Federal Rule of Appellate Procedure 26(a). ... The principal office of the Clerk of the U.S. Court of Appeals for the Ninth Circuit is located in San Francisco, California.
Case: Keyser v. Sacramento City Unified School District, 265 F.3d 741, 747 (9th Cir. 2001)
Status: Not yet countersigned. Row id: fed-case-keyser Citator: no negative treatment reported by the citator run.
An officially closed clerk's office is inaccessible, which extends a notice of appeal deadline that lands on the closure (decided under FRAP 26).
Regardless of whether the day after Thanksgiving counts as a legal holiday in California, the fact that the Clerk's Office was closed was sufficient to make it "inaccessible" within in the meaning of Rule 26.
Case: Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 347-48 (1999)
Status: Not yet countersigned. Row id: fed-case-murphy-bros Citator: yellow flag in the citator run.
The time to remove is triggered by formal service of the summons and complaint, or receipt of the complaint after formal service, not by mere receipt of the complaint.
Yellow flag: not followed as dicta by Brooklyn Hosp. Ctr. v. Diversified Info. Techs., Inc. (2001), per the citator run. The point that Rule 6(d) adds nothing is this site's reasoning, not the holding.
Accordingly, we hold that a named defendant's time to remove is triggered by simultaneous service of the summons and complaint, or receipt of the complaint, 'through service or otherwise,' after and apart from service of the summons, but not by mere receipt of the complaint unattended by any formal service.
Open for countersignature: Yellow flag. Decide whether the case is cited; without it the removal note reads without the case sentence.
Case: Fristoe v. Reynolds Metals Co., 615 F.2d 1209, 1212-13 (9th Cir. 1980)
Status: Not yet countersigned. Row id: fed-case-fristoe Citator: yellow flag in the citator run.
The removal time limit is mandatory but not jurisdictional: a timely objection defeats a late removal, and a plaintiff who does not object waives the defect.
Yellow flag: distinguished on other grounds, per the citator run.
The statutory time limit for removal petitions is merely a formal and modal requirement and is not jurisdictional. ... Although the time limit is mandatory and a timely objection to a late petition will defeat removal, a party may waive the defect or be estopped from objecting to the untimeliness by sitting on his rights.
Open for countersignature: Yellow flag. Decide whether the case is cited.
Case: Lewis v. City of Fresno, 627 F. Supp. 2d 1179, 1182 (E.D. Cal. 2008)
Status: Not yet countersigned. Row id: fed-case-lewis Citator: yellow flag in the citator run.
The removal time limit is mandatory and cannot be extended by continuance or stipulation.
Yellow flag: distinguished by City of Los Angeles v. Hamada, Inc. (C.D. Cal. 2012), per the citator run. Not authority for the Rule 6(a) roll.
As an initial matter, it is important to note that the statutory time limit for removal petitions is mandatory. Fristoe, 615 F.2d at 1212. The time limits cannot be extended by continuance or stipulation.
Open for countersignature: Yellow flag. Decide whether the case is cited.