Has the Rule regarding mailing response time changed?

Printer-friendly versionPrinter-friendly version
Answer: 

Yes, in part.  Effective 12/1/16, Rule 6(d) of the Federal Rules of Civil Procedure was amended to remove service by electronic means under Rule 5(b)(2)(E) from the modes of service that allow 3 added days to act after being served.  Rule 6(d) now says:  "When a party may or must act within a specified time after being served and service is made under Rule 5(b)(2)(C) (mail), (D) (leaving with the clerk), or (F) (other means consented to), 3 days are added after the period would otherwise expire under Rule 6(a)".  Three (3) days are no longer added when service has been accomplished by electronic means.  If a party is not served electronically, then the 3-day mailing time would still apply.

Category: