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: Practical Paralegalism

FRCP Changes Include Calculating Time Periods

By Lynne DeVenny

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Paralegals are a very helpful lot, as evidenced by Jessica Durfee, @jellydurf on Twitter, who tweeted a couple of weeks ago, "to all my paralegals out there, don't forget that new FRCP changes are effective Dec. 1."

Durfee was simply reminding everyone that effective December 1, 2009, a number of significant amendments to the Federal Rules of Appellate, Bankruptcy, Civil and Criminal Procedure went into effect. See "Rules Amendments Effective 12/1/09" at http://www.uscourts.gov/rules/index2.html#rules120109.

Paralegals who assist with the computation of filing deadlines in litigation need to pay special attention (if they haven't already) to the amendments for calculating time periods:

The time-computation changes are intended to make the federal rules on calculating time periods simpler, clearer, and consistent. The principal simplifying innovation is to count all days, including intermediate weekends and holidays, in computing time periods under the procedural rules. The current rules exclude intermediate weekends and holidays for some short time periods, resulting in inconsistency and unnecessary complication. In addition, all the deadlines in the rules were reviewed and most short periods were extended to offset the shift in the time-computation rules and to ensure that each period is reasonable.

Here are some links to helpful resources regarding the 2009 FRCP amendments:

"FRCP Changes on the Horizon", Law.com

"Think You Have an Extra Day to File That Brief? Think Again", ClassActionBlawg.com

"FRCP moves from business days to calendar days", Discovery Resources

"New Time Computation Rules Become Effective December 1, 2009", Oklahoma Bankruptcy Lawyer Blog

"Rules Changes Beginning December 1, 2009", BankruptyProf Blog

"Federal Rules & Local Rules Deadlines Changes", Chicago IP Litigation Blog (short post but has a simple chart showing 7-day multiples and reminds us that local rules may be affected as well)

"Federal Rule Changes to Impact Timing Requirements, Indicative Rulings, Summary Judgments And Amending of Pleadings", Duane Morris LLP via JD Supra

"Making Every Day Count: Time Computation Amendments to The Federal Rules of Civil Procedure Take Effect December 1, 2009", NC Business Litigation Report

If you're aware of a link, article or resource that legal professionals may find useful, please comment or send an email to lynne.devenny@gmail.com, and I'll be glad to include it in this reference list.

Full post as published by Practical Paralegalism on December 01, 2009 (boomark / email).

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