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NEW FEDERAL RULES
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Why were the time computation changes made?
The old system of counting created a series of potential pitfalls for litigants in counting out time periods. For example, 12 days usually last 12 days, 10 days never lasted just 10 days. In fact, 10 days always lasted at least 14 days and eight times a year 10 days lasted 15 days and once a year, 10 days lasted 16 days. The new system of counting will be far simpler, once we get used to it. The Rules Enabling Act, 28 U.S.C. §2074, states that “The Supreme Court may fix the extent such rule shall apply to proceeding then pending, except that the Supreme Court shall not require the application of such rule to further proceedings then pending to the extent, that in the opinion of the court in which such proceedings are pending, the application of such rule in such proceedings would not be feasible or would work injustice, in which event the former rule applies.” If the application of the new rule in your case would not be feasible or would work injustice, you can move the court for relief. The Federal Rules of Civil and Criminal always trump the local rules. The local rules committee has identified and proposed changes to the local rules which are pending judges’ approval. There are some time periods in local rules which are unchanged and the rules committee will be studying them in the future. Please let the rules committee members know of any recommendations you have for further rule modifications. The new provisions of Federal Rule of Civil Procedure Rule 6 (a) (2) addresses the situation if a time period is stated in terms of hours, which relates to electronic filing. The end of the day is generally midnight in the court’s time zone. Filing in paper is due when the clerk’s office closes.