COUNTDOWN TO RULE CHANGES

Brian Craft
November 20, 2009

December 1, 2009 brings new changes to the Federal Rules of Civil Procedure. Of interest to most practitioners is the change to Rule 6 in counting days to meeting deadlines. No longer will you need to be concerned about whether to exclude weekends and holidays when a response date is eleven days or less. Now, when calculating deadlines you count every day, including intermediate Saturdays, Sundays, and legal holidays. You still do not count the day of the event that triggers the period. And, if the deadline falls on 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.

The Rule change also defines “Last Day” for purposes of filing. For electronic filing, the last day ends at midnight in the court’s time zone. For other type filings, the last day ends when the clerk’s office is scheduled to close. However, in the Eastern District of Texas, all filings are required to be made electronically unless you are filing pro se.

Changes will also be seen to motion practice deadlines. With limited exceptions, the written motion and notice of the hearing must be served at least 14 days before the time specified for the hearing. Supporting affidavits must be filed with the motion and any opposing affidavit must be served at least 7 days before the hearing, unless the court permits otherwise. Times for filing and responding to motions for summary judgment have been changed. A party can move for summary judgment at any time until 30 days after the close of all discovery. An opposition to a motion for summary judgment must be filed within 21 days after the motion is served, and a reply may be filed within 14 days after the response is served. NOTE, HOWEVER, THAT THE EDTX LOCAL RULES PROVIDE FOR DIFFERENT DEADLINES ON MOTION PRACTICE AND WILL CONTINUE TO GOVERN UNTIL THE LOCAL RULES ARE CHANGED.

More time is also given to file a motion for new trial. Prior to December 1, you had 10 days to file your motion. After December 1, you will have 28 days after the entry of judgment to file your motion for new trial.

Answering a complaint in federal court will also change. An answer will be due 21 days after being served (as opposed to the current 20 day deadline). If a Rule 12(b) motion is filed, the responsive pleading will be due within 14 days after notice of the court’s action on the 12(b) motion.

These and other changes to the Federal Rules of Civil Procedure will be effective December 1, 2009. You can access all the rule changes at http://www.uscourts.gov/rules/index.html . Or give us a call at 903-534-1100.