The Federal Rules of Civil Procedure were amended effective December 1, 2009. These amendments primarily relate to the calculation of time periods within which certain actions needed to be taken. Under prior rules, calculation of time periods of 10 days or less were computed by not counting weekends or holidays. Calculations of time periods of more than 10 days would include weekends and holidays. This difference could create confusion in determining when a certain documents needed to be filed with the court. The rules were changed to standardize time calculations for all time periods and eliminate rules requiring action in 10 days or less.
In addition, the number of days to take certain action under many of the rules was changed to reflect the calendar week. Accordingly, for example, the time to file an answer, a motion under Rule 12 or a reply to an answer was changed from 20 days after service to 21 days after service. Similarly, the time to file a motion after trial is changed from 10 days to 28 days.
Many of the United States District Courts have also amended their Local Rules of Court to take these amendments into account. Again, for example, the Local Rules for Middle District of Pennsylvania have been significantly revised with respect to rules relating to filing of briefs to take into account these changes in the Federal Rules of Civil Procedure. For these reasons, attorneys will need to very carefully review the Federal Rules to ensure that they take action within the time required.
Any questions regarding these rule changes can be directed to Dave Schwalm at 717‑255‑7643 or .