Monday, November 30, 2009

Federal litigators -- weekends count starting tomorrow

As of today, when you have a time period that is less than 11 days, you do not count the intermediate weekends and holidays. So in the Middle District of Florida, where we have 10 days to respond to a motion, we do not count weekends or holidays in docketing our response date. Starting tomorrow, December 1, 2009, the Federal Rules of Civil Procedure have been amended so intermediate weekends and holidays do count.

Fortunately, the Judges of the Middle District have amended the local rules to change various time periods, including the period for response to a motion. Instead of 10 days, each party opposing a motion will now have (starting tomorrow) 14 days to respond. Various other time periods have been adjusted in the local rules to reflect this change in the Federal Rules. Read the amendments to the local rules here. A brief summary of some of the changes is below:

EventRuleOld Time PeriodNew Time Period
Response to motion3.01(b)10 days14 days
Notice of deposition3.0210 days14 days
Final pretrial conference3.06(a)at least 20 days noticeat least 21 days notice
Pretrial statement3.06(c)3 days before pretrial conference7 days before pretrial conference
Removal of cases from state court4.02(c)10 days14 days
Temporary restraining order4.05(a)10 days14 days
Preliminary injunction notice4.06(a)5 days14 days
Preliminary injunction opposition papers4.06(b)(3)day preceding hearing7 days before the hearing
Objecting to Magistrate Judge's Reports and Recommendations6.02(a)10 days14 days
Designate a mediator9.04(a)(1)10 days14 days

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