Effective December 1: No more 3 additional days in federal court to respond for papers served by e-mail

Federal Rule of Civil Procedure 6 has, since it first allowed for service by electronic means, treated it like other means of service, adding 3 days to the deadline to respond (under some circumstances).  It’s now been deleted from the types of service that give the extra there days.  A link is here to this and other rule changes.

Enter the possibility of making life miserable for opposing counsel by serving on the weekend, etc.  A reviser’s note states:

“Electronic service after business hours, or just before or during a weekend or holiday, may result in a practical reduction in the time available to respond. Extensions of time may be warranted to prevent prejudice.”

I can only imagine judges, already in Rule 12 hell because of 101 jurisprudence, now dealing with this.

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