What is the difference between “Court Days” and “Calendar Days” and how to calculate court deadlines.
To start, get familiar with your state rules, federal rules, local rules, and the judges’ local-local rules to help you determine and count your deadlines. For example, in California Code of Civil Procedure sections 12-12c tells you how to count days.
COURT DAYS: are Monday – Friday, less weekends and court holidays.
CALENDAR DAYS: are every day on the calendar including weekends.
HOW TO CALCULATE COURT DEADLINES:
1. You must determine if the statute calls for “calendar days: or “court days”.
2. Count either forward, or backward, the correct number of days.
3. Is to add days, as required, due to the specific manner of service.
MANNER OF SERVICE:
By Mail:
Federal Rule of Civil Procedure 6(d) extends a receiving party’s response deadline by three (3) days if service is by mail. For many state court matters, service by mail generally extends the response deadline by five (5) days; however, the extension depends on whether the receiving party is inside the state, out of state, or out of the country.
By Overnight Delivery:
Federal procedure rules do not specifically allow for overnight service. In state court matters, the extension is two (2) calendar days for motions (Code Civ. Proc., §1005(b)), but two (2) court days for any other kind of document (Code Civ. Proc., §1013(c)).
Service by Electronic Means:
Generally, Federal Rule of Civil Procedure 6(d) extends a receiving party’s response deadline by three (3) days if service is electronic, including via the court’s ECF system.
However, some courts’ local rules will supersede this. Be sure to check. In state court matters, electronic service extends a receiving party’s response deadline by two (2) court days (Code Civ. Proc., §1010.6(a)(4)).
Using an Attorney Service:
Are you using a filing/attorney service to e-file, fax file, or personally deliver your document to the court? If you are, be sure the check the courts website for their own internal deadlines.
For example, Riverside County Superior Court’s website states that the filing deadline for civil filings is 4:00 PM; however, First Legal’s deadline to have the documents to them is 3:00 PM! (Which means you tell your attorneys you have to have it ready for the attorney service no later than 2:00 PM!)
Happy Calendaring!!
