New changes for FRCP.
Position | LEGISLATION - Federal Rules of Civil Procedure |
As of December 1, 2009, some of the Federal Rules of Civil Procedure (FRCP) have changed with most of the changes affecting timing requirements and deadlines.
Specifically, the changes affect Rules 6, 12-15, 23, 27, 32, 38, 48, 50, 52-56, 59, 62, 65, 68, 71.1, 72, and 81. Rules 48 and 62.1 were added, and Rule 13 (f) was rescinded.
The new Rule 6 adopts the "days-are-days" method, which counts every day when determining a deadline, including intermediate weekends and holidays, according to Law.com. This eliminates current inconsistencies and confusion that has often arisen in cases where legal holidays and weekend days occur during the deadline period.
Law.com said the new rule also creates a standard for electronic filing: When the clerk or court's office is closed on the last day for filing, the deadline for filing will be extended to the first accessible day. According to the new rule, the last day for electronic filing ends at midnight in the court's time zone and for filing by other means when the clerk's office closes.
Another change regarding new time periods extends one-, three-, or five-day periods to seven-day periods. Periods that were 10 or 11 days are now 14 days, and those that were 20 days are now 21 days.
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Under the new Rule 56, there is a new process for filing a motion for summary judgment...
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