A Day Late…or Maybe 3


In five months, the “additional three days” will become an endangered species:
(d) Additional Time After Certain Kinds of Service. When a party may or must act within a specified time after service and service is made under Rule 5(b)(2)(C), (D), (E), or (F), 3 days are added after the period would otherwise expire under Rule 6(a).
On December 1, 2016, the rule will change, eliminating “(E)” from the list:
(d) Additional Time After Certain Kinds of Service. 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 additional days to respond to that motion to compel served via CM/ECF? No more. Three additional days to respond to that discovery served via email by consent of the parties? No more.

Will parties continue to consent to service of discovery electronically? Time will tell.

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