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.

About David

Professor of Law, Mercer University School of Law. Formerly Of Counsel, Taylor English Duma, LLP and in 2012-13, judicial clerk to Chief Judge Rader.