New Deadlines & Time Calculation Rules Now In Effect

Recently, the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States completed a major project to simplify the calculation of time periods for all federal rules.  As a result and after Congressional approval, amended Appellate Rule 26, Bankruptcy Rule 9006, Civil Rule 6 and Criminal Rule 45 became effective December 1, 2009.

The U.S. District Court for the Western District of Missouri amended its Local Rules to conform to the new national standards. The changes simplify the method of deadline calculation, making it easier to remember and review.  Most deadlines are now computed using 7-day multiples, i.e. 7, 14 and 21 days. All days are now counted, including weekend days and holidays.

Although the 7, 14 and 21 day deadlines are new, some things remain the same.  As an example, due dates that fall on a holiday or a weekend day still move to the next business day, and the Federal Rules still allow 3 days for mailing. Deadlines of 30 days or longer do not follow the 7-day multiple formula.

While the Western District of Missouri’s CM/ECF filing system has been updated to calculate the new deadlines, please remember that the deadlines set by CM/ECF are guidelines only. Attorneys are still responsible for computing the appropriate deadline and meeting deadlines in a timely fashion. 

The national rules can be found at http://www.mow.uscourts.gov/district/rules/dc_rules.pdf">www.uscourts.gov/rules, and the amended Western District Local Rules may be reviewed at http://www.mow.uscourts.gov/district/rules/dc_rules.pdf.  If you have a question about the new rules and time computations, please feel free to contact an Operations Manager:  in Kansas City contact Bill Terry at 816-512-5055; in Springfield contact Karyn Williams at 417-865-3869 or in Jefferson City contact Laura Bax at 573-636-4015.

 

 

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