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Moore's Federal Practice - Civil
 
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.


1-6 Moore's Federal Practice - Civil 6.syn


Title

Federal Rules of Civil Procedure, Rule 6, Computing and Extending Time; Time for Motion Papers

Author

Robert M. Bloom

Chapter Summary


ABSTRACT TEXT:

In order to provide consistency and fairness to federal civil actions, Rule 6 of the Federal Rules of Civil Procedure provides detailed requirements for how to compute time limits for filing court documents.

This chapter covers Rule 6, which governs the computation and extension of time periods. Although the primary application of Rule 6 is to time periods provided by the Federal Rules of Civil Procedure, the rule's origins in the common law make it appropriate to use it by analogy to compute time periods for statutes, regulations, or other sources of law outside of the Federal Rules of Civil Procedure.

Probably the most important aspects of the Rule are the methods provided by Rule 6(a) for the computation of time periods when litigating in a district court. In developing these methods, the Rule necessarily treats such issues as legal holidays, inclement weather, weekends, service by electronic means or by mail, and specific counting measures. Rule 6(b) deals with ways to seek an extension of time periods, while Rule 6(d) provides an automatic extension of three days when service is made by some method other than hand delivery. This chapter also addresses Rule 6(c), governing notice of hearing on a motion and service of supporting affidavits. The chapter concludes with a schedule of specific time periods governed by Rule 6 (and by the analogous Appellate Court and Supreme Court Rules.)

Moore's Federal Practice (Matthew Bender) is the leading source of analysis of federal court practice and procedure and has been repeatedly relied upon by federal courts around the country. It has comprehensive and authoritative analysis on federal civil, criminal, appellate, and admiralty procedure, along with the full text of the federal rules and extensive commentary and analysis of the rules and cases interpreting the rules.

CORE TERMS:

Federal Rules of Civil Procedure,Rules Enabling Act,federal court,federal rules,federal court practice,federal civil procedure,computation of time,extension of time,time limits,filing period,time limit,time period,FRCP 6

RELATED CHAPTERS: (View)

For a more complete understanding of extensions of time periods, see Ch. 4, Summons, Ch. 59, New Trial; Altering or Amending a Judgment, Ch. 60, Relief from a Judgment or Order.

For comparison with the time rules in other federal court, see Ch. 326, Computing and Extending Time, which analyzes Federal Rule of Appellate Procedure 26, and Ch. 530, Computation and Extension of Time, which analyzes Supreme Court Rule 30.

RELATED PUBLICATIONS:

For a more complete discussion of the computation of time periods in federal litigation, see 9 Moore's Manual--Federal Practice and Procedure, Ch. 9, Pleadings and Motions in General (Matthew Bender) and 1-14 Moore's Manual--Federal Practice and Procedure, Ch. 14, Class Actions; Derivative Action (Matthew Bender).

For more information on the computation of time periods during discovery, see 1-15 Moore's Manual--Federal Practice and Procedure, Ch. 15, Discovery.

For more information on the computation of time periods for post-trial matters, see 3-24, Moore's Manual--Federal Practice and Procedure, Ch. 24, New Trials and Harmless Error (Matthew Bender) and 3-26 Moore's Manual--Federal Practice and Procedure, Ch. 26, Post-Judgment Procedures (Matthew Bender).
 
 
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