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FRCP calculation of time

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#1
What is the name of your state? North Carolina

A Federal Order stating that a Response is due in 30 days, the order was signed on Saturday July 7, 2015, and entered on the PACER Docket on Monday July 9, 2015.
"...that on or before thirty (30) days from the entry of this Order, the Plaintiff [xxxxx] may file a response."
What is the last date the Response can be filed?
 


Taxing Matters

Overtaxed Member
#2
What is the name of your state? North Carolina

A Federal Order stating that a Response is due in 30 days, the order was signed on Saturday July 7, 2015, and entered on the PACER Docket on Monday July 9, 2015.


What is the last date the Response can be filed?
The rule for counting time for this is FRCP 6(a)(1) which reads as follows:

(1) Period Stated in Days or a Longer Unit. When the period is stated in days or a longer unit of time:
(A) exclude the day of the event that triggers the period;
(B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and
(C) include the last day of the period, but if the last day is 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 order was issued July 7. That day is excluded and thus July 8 is the first day of the 30 days. August 6 (today), a Monday, is the 30th day and as today is not a Saturday, Sunday, or legal holiday, would be the last day on which the response may be filed. The day the order is recorded on PACER is not relevant to the computation of time.
 

Taxing Matters

Overtaxed Member
#4
I am having trouble with the word "entered"... so the order was entered on a Satruday?
What will matter is the date that the order was entered in the court, which could have been Saturday. The date entered on the PACER system is not necessarily the same date the order is entered into the docket by the court. So you need to be clear as to what it is that you are looking at: the date the judge entered the order with the court, or the date that the order was loaded on PACER. The former is relevant; the latter is not.
 

Taxing Matters

Overtaxed Member
#6
The Court Docket is electronic and the Bates numbering on the bottom of the Oder says "Document 54 Filed 07/09/18"
Then it may be that the order was entered 7/9, giving the party two more days to file the response. However, if I were that party I would not want to rely on that and in any event would not wait until the last day to file the response lest it turn out that the response is filed too late.
 

FlyingRon

Senior Member
#7
I wouldn't think the BATES numbering is any more persuasive than the PACER date. Typically the federal orders end with "IT IS SO ORDERED" and a date. That's the operative date.
 

Taxing Matters

Overtaxed Member
#8
I wouldn't think the BATES numbering is any more persuasive than the PACER date. Typically the federal orders end with "IT IS SO ORDERED" and a date. That's the operative date.
It is the date that the court enters the order in the court docket, not the day that the order is signed, which is the date to which you are referring, that counts for this purpose. They often are the same, but not always. The bates stamp may be the date the order was entered in the docket, but not knowing the procedures of the particular district court in question I cannot say for sure. Thus the safest thing to do is assume the date the judge signed it is the day it was entered if you are the party responding, unless you know for sure that the order was entered on a different date.
 
#9
As it turns out... the "Date of Entry" appears to be the date the order was entered on the docket... or entered into the public record. A helpful clerk pointed me to was pointed to a deadline calculator website. Of course, opposing counsel has not replied, but the Court did allow the entry of my memorandum.

There was one hiccup; on the afternoon of the 9th, which was the last day for filing my memorandum in response... I was denied entry into the Court house, the electricity in downtown Asheville was knocked out and the Clerks office had closed.
 
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