(1) In General. Select the filer.Click Next to continue. After the pleadings are closedbut early enough not to delay triala party may move for judgment on the pleadings. The only limitation of time provided for in amended Rule 25 is the 90day period following a suggestion upon the record of the death of a party within which to make a motion to substitute the proper parties for the deceased party. The final day falls on the same day of the week as the event that triggered the periodthe 14th day after a Monday, for example, is a Monday. Motions, Notices of Hearing, and Affidavits. Responses due by 7/17/2006 (Yang, Michael) Download PDF Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. Rather, the concept will continue to develop through caselaw, see, e.g., William G. Phelps, When Is Office of Clerk of Court Inaccessible Due to Weather or Other Conditions for Purpose of Computing Time Period for Filing Papers under Rule 6(a) of Federal Rules of Civil Procedure , 135 A.L.R. Subdivision (a)(3) addresses situations when the clerk's office is inaccessible during the last hour before a filing deadline expires. Intermediate Saturdays, Sundays, and legal holidays were included in computing the longer periods, but excluded in computing the shorter periods. Columbus Day is to be observed on the second Monday in October. Notes of Advisory Committee on Rules1993 Amendment. (2) Exceptions. Subdivision (a)(1). 282 (S.D.N.Y. Take, for example, Monday, April 21, 2008 (Patriot's Day, a legal holiday in the relevant state). Unless the court orders otherwise, if the clerk's office is inaccessible: (A) on the last day for filing under Rule 6(a)(1), then the time for filing is extended to the first accessible day that is not a Saturday, Sunday, or legal holiday; or. Select the event by clicking the downward arrow and then click the event text. Note to Subdivisions (e) and (f). 678; Yale Transport Corp. v. Yellow Truck & Coach Mfg. The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. Subdivision (g). Subdivision (e). Thirty-day and longer periods, however, were generally retained without change. Motion to Extend Time to File Adversary Documents If, on a motion under Rule 12(b)(6) or 12(c), matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Rule 56. Such a motion must be filed in the district court. 86a; Executive Order No. The amendments thus carry forward the approach taken in Violette v. P.A. However, state legal holidays are not recognized in computing backward-counted periods. Its flat streets are ideal for exploring on foot. This rule continues U.S.C., Title 28, 80 [now 1359, 1447, 1919] (Dismissal or remand) (of action over which district court lacks jurisdiction), while U.S.C., Title 28, 399 [now 1653] (Amendments to show diverse citizenship) is continued by Rule 15. See Miltimore Sales, Inc. v. Int'l Rectifier, Inc., 412 F.3d 685, 686 (6th Cir. (1) Right to Join. In the light of these changes the last sentence of the present subdivision, dealing with half holidays, is eliminated. PDF The Partial Motion to Dismiss: Is Piecemeal Litigation Required in (f) Motion to Strike. states whether the opposing party consents, does not oppose, or objects to the motion. (C.C.A.8th, 1940) 108 F.(2d) 302; Rossiter v. Vogel (C.C.A.2d, 1943) 134 F.(2d) 908, compare s. c. (C.C.A.2d, 1945) 148 F.(2d) 292; Karl Kiefer Machine Co. v. United States Bottlers Machinery Co. (C.C.A.7th, 1940) 113 F.(2d) 356; Chicago Metallic Mfg. With respect to preparations for trial, the party is properly relegated to the various methods of examination and discovery provided in the rules for that purpose. Also, a motion to amend the findings under Rule 52(b) has the same effect on the time for appeal. 1945) 8 Fed.Rules Serv. [ Subdivisions (b) and (c). ] Click Next to continue. On the other hand, many courts have in effect read these words out of the rule. RESPONSE in Opposition re 9 MOTION for Extension of Time to File Answer filed by Daniel E. Owens, Barbara S. Owens. Note to Subdivisions (a) and (b). Obviously, if the time limit in Rule 52(b) could be set aside under Rule 6(b), the time limit in Rule 50(b) for granting judgment notwithstanding the verdict (and thus vacating the judgment entered forthwith on the verdict) likewise could be set aside. Note to Subdivision (h). 1469, and 1512 of International Longshoremen's Association v. Southern Pacific Co. (C.C.A.5th, 1942) 131 F.(2d) 605; Lucking v. Delano (C.C.A.6th, 1942) 129 F.(2d) 283; San Francisco Lodge No. 1958). but that in view of the adequate discovery procedure available under the Rules, motions for bills of particulars should be abolished altogether.); Walling v. American Steamship Co. (W.D.N.Y. [A]fter being served is substituted for after service to dispel any possible misreading. Filing 23 MOTION for Extension of Time to Answer or Respond by Atkinson Hunt. Co. (D.Neb. They do not apply when a fixed time to act is set. The deadline generally ends when the time expires. Since the language of the subdivisions is made clear, the party is put on fair notice of the effect of his actions and omissions and can guard himself against unintended waiver. Excusable neglect is mentioned twice in the Federal Rulesfirst, excusable neglect acts to extend time to respond to court-mandated deadlines during the proceeding, and second, excusable neglect can act as a reason for relief from judgment after proceedings have, at least initially, concluded. Unless a different time is set by a statute, local rule, or court order, the last day ends: (A) for electronic filing, at midnight in the court's time zone; and. Despite its mountain location, Grenoble is a low-lying city. 1944) 8 Fed.Rules Serv. 6th, 1946) 153 F.(2d) 685, cert. 820. R. Civ. (1937) Rules 103, 115, 116, 117; Wyo.Rev.Stat.Ann. Rule 6(d) is 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. 1941) 4 Fed.Rules Service 25a.1, Case 1, and in Anderson v. Yungkau (C.C.A. July 1, 1963; Feb. 28, 1966, eff. Rule 5.2. See the Note to Rule 6. The city sits at the confluence of the rivers Isre and Drac, encircled by the snow-covered Alps. Time to Answer with the Clerk's office rather than filing a Motion for Extension of Time: LOCAL RULE CV-12 Filing of Answers and Defenses An attorney may, by motion, request that the deadline be extended for a defendant to answer the complaint or file a motion under Fed. A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response. FRAP 4(a)(5)(A) also states that a motion to extend must be filed within the 30 days following the entry of judgment or within 30 days after the expiration of the original 30 day period. See Fed. Other changes proposed in Rule 6(b) are merely clarifying and conforming. See Commentary, Manner of Raising Objection of Non-Joinder of Indispensable Party (1940) 2 Fed.Rules Serv. See the Note to Rule 6 [above]. Dec. 1, 2000; Apr. conclude that the definiteness required is only such as will be sufficient for the party to prepare responsive pleadings). 1943) 7 Fed.Rules Serv. 3. 26, 1999, eff. 26, 2009, eff. Subdivision (a)(4) does not address the effect of the statute on the question of after-hours filing; instead, the rule is designed to deal with filings in the ordinary course without regard to Section 452. The language of Rule 6 has been amended as part of the general restyling of the Civil Rules to make them more easily understood and to make style and terminology consistent throughout the rules. (1935) 9166, 9167; N.Y.C.P.A. A backward-looking time period requires something to be done within a period of time before an event. 6b.31, Case 1, 2 F.R.D. 12e.244, Case 10 (The courts have never favored that portion of the rules which undertook to justify a motion of this kind for the purpose of aiding counsel in preparing his case for trial.). The contrary was held in Mutual Benefit Health & Accident Ass'n v. Snyder (C.C.A. The Act, which amended Title 5, U.S.C., 6103(a), changes the day on which certain holidays are to be observed. (1937) Rules 106112; English Rules Under the Judicature Act (The Annual Practice, 1937) O. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired. All parties must be given a reasonable opportunity to present all the material that is pertinent to the motion. (e) Motion for a More Definite Statement. PDF In The Supreme Court of the United States Slusher v. Jones (E.D.Ky. All Forms; CM/ECF Forms; Civil Forms; Criminal Forms; Non-Prisoner Forms; . Dec. 1, 1993; Apr. (1) In General. The court may act: (2) on motion made by a party either before responding to the pleading or, if a response is not allowed, within 21 days after being served with the pleading. See general discussion and cases cited in 1 Moore's Federal Practice (1938), Cum.Supplement 12.07, under Page 657; also, Holtzoff, New Federal Procedure and the Courts (1940) 3541. Find major attractions on the south side of the Isre River. In this manner and to this extent the amendment regularizes the practice above described. 1. 643; Teiger v. Stephan Oderwald, Inc. (S.D.N.Y. But if a filing is required to be made within 10 days or within 72 hours, subdivision (a) describes how that deadline is computed. See, e.g., Casalduc v. Diaz, 117 F.2d 915, 917 (1st Cir. In accordance with Rule 83(a)(1), a local rule may not direct that a deadline be computed in a manner inconsistent with subdivision (a). (4) Last Day Defined. The amendment of Rule 6(b) now proposed is based on the view that there should be a definite point where it can be said a judgment is final; that the right method of dealing with the problem is to list in Rule 6(b) the various other rules whose time limits may not be set aside, and then, if the time limit in any of those other rules is too short, to amend that other rule to give a longer time. See Note to Rule 73(a). 440; United States v. Turner Milk Co. (N.D.Ill. (Remington, 1932) p. 160, Rule VI (e) and (f). See also Kithcart v. Metropolitan Life Ins. 30, 2007, eff. Subdivision (a)(4). Changes Made after Publication and Comment. Co. v. Hoyt (N.D.Ohio 1945) 9 Fed.Rules Serv. 669 (1940) 2 Fed.Rules Serv. Under new subdivision (a)(1), all deadlines stated in days (no matter the length) are computed in the same way. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions, Rule 12. . (Mason, Supp. Subdivision (a). No substantive change is intended. MOTION TO EXTEND TIME TO ANSWER COMPLAINT I am filing this motion on my own behalf AND/OR am a person authorized by court rules to appear on behalf of another in this case. The reference to Rule 74(a) is stricken from the catalogue of time periods that cannot be extended by the district court. The term speaking motion is not mentioned in the rules, and if there is such a thing its limitations are undefined. See Note to Rule 1, supra. Service is timely waived if the waiver is returned within the time specified in the request (30 days after the request was mailed, or 60 days if mailed out of the country) and before being formally served with process. granted (1946) 66 S.Ct. While there are several pragmatic options available to a defendant,29 requesting additional time to answer the remaining counts explicitly preserves the time many believe Rule 12(a)(4)(A) affords, and promotes judicial economy. The specified defenses are lack of jurisdiction over the person, improper venue, insufficiency of process, and insufficiency of service of process (see Rule 12(b)(2)(5)). No changes are recommended for Rule 12 as published. Dec. 1, 1999; Apr. Sometimes a plaintiff may attempt to serve a defendant with process while also sending the defendant a request for waiver of service; if the defendant executes the waiver of service within the time specified and before being served with process, it should have the longer time to respond afforded by waiving service. Mar. Note to Subdivision (c). Co. v. Mylish (E.D.Pa. 10358, Observance of Holidays, June 9, 1952, 17 Fed.Reg. Parties who are obliged to file something with the court during that period should not be penalized if they cannot do so. Subdivision (a). The three-day addition is provided as well for service on a person with no known address by leaving a copy with the clerk of the court. 1945) 9 Fed.Rules Serv. As to Rule 25 on substitution, while finality is not involved, the limit there fixed should be controlling. How to File a Motion to Extend Time | SoloSuit Blog Enter case number (in the format xx-xxxxx) and click Next. The amendment confers finality upon the judgments of magistrates by foreclosing enlargement of the time for appeal except as provided in new Rule 74(a) (20 day period for demonstration of excusable neglect). The Rule also is amended to extend the exclusion of intermediate Saturdays, Sundays, and legal holidays to the computation of time periods less than 11 days. Compare [former] Equity Rule 29 (DefensesHow Presented); U.S.C., Title 28, [former] 45 (District Courts; practice and procedure in certain cases under the interstate commerce laws). See, e.g., Rule 14(a)(1). U.S.C., Title 28, 763 [now 547] (Petition in action against United States; service; appearance by district attorney) provides that the United States as a defendant shall have 60 days within which to answer or otherwise defend. I am filing this motion on behalf of I would like the court to extend the time in which I have to answer the Complaint filed in the above-referenced matter for days. But some statutes contain deadlines stated in hours, as do some court orders issued in expedited proceedings. Consistent with Rule 4(d)(3), a defendant that timely waives service is allowed 60 days from the date the request was mailed in which to respond to the complaint, with an additional 30 days afforded if the request was sent out of the country. This eliminates the difficulties caused by the expiration of terms of court. Notice, Consent, and Order of Reference Dispositive Motion to a United States Magistrate Judge (AO 85a) Category: Civil. For forward-counted periods i.e., periods that are measured after an eventsubdivision (a)(6)(C) includes certain state holidays within the definition of legal holidays. The alteration of the except clause requires that other than provided in subdivision (h) a party who resorts to a motion to raise defenses specified in the rule, must include in one motion all that are then available to him. PDF United States District Court Eastern District of Texas If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action. See generally [former] Equity Rules 29 (DefensesHow Presented), 33 (Testing Sufficiency of Defense), 43 (Defect of PartiesResisting Objection), and 44 (Defect of PartiesTardy Objection); N.Y.C.P.A. The region now has a handful of airports taking international flights. (As amended Dec. 27, 1946, eff. Under group (2) are: Sparks v. England (C.C.A.8th, 1940) 113 F.(2d) 579; Continental Collieries, Inc. v. Shober (C.C.A.3d, 1942) 130 F.(2d) 631; Downey v. Palmer (C.C.A.2d 1940) 114 F.(2d) 116; DeLoach v. Crowley's Inc. (C.C.A.5th, 1942) 128 F.(2d) 378; Leimer v. State Mutual Life Assurance Co. of Worcester, Mass. 30, 2007, eff. (1) In General. 192, that the six-months time limit in original Rule 60(b) for making a motion for relief from a judgment for surprise, mistake, or excusable neglect could be set aside under Rule 6(b). 14; Clark, Code Pleading (1928) pp. 1940) 111 F.(2d) 526. Select Adversary > Motions & Briefs. It is intended that the court shall have discretion to enlarge that period. Rule 12(a)(3)(B) is added to complement the addition of Rule 4(i)(2)(B). The Committee believes that the abolition by Rule 6(c) of the old rule that a court's power over its judgments ends with the term, requires a substitute limitation, and that unless Rule 6(b) is amended to prevent enlargement of the times specified in Rules 50(b), 52(b) and 60(b), and the limitation as to Rule 59(b) and (d) is retained, no one can say when a judgment is final. Aug. 1, 1983; Apr. 1945) 5 F.R.D. Aug. 1, 1987; Apr. 22, 1993, eff. MOTION FOR EXTENSION OF TIME TO ANSWER OR RESPOND Defendant Atkinson Hunt moves to extend its time to answer or otherwise respond to the Complaint by forty-five (45) days from the date of this Motion, such answer or response to be due on or before August 11, 2006, and in support says as follows: Changes Made After Publication and Comment. Rule 6(e) is amended to remove any doubt as to the method for extending the time to respond after service by mail, leaving with the clerk of court, electronic means, or other means consented to by the party served. 6. This and other statutes which provide 60 days for the United States or an officer or agency thereof to answer or otherwise defend are continued by this rule. The Court GRANTS Defendant's motion for an extension of time (ECF No. 394 (specifying method for computing time periods prescribed by certain statutory provisions relating to contested elections to the House of Representatives). Select appropriate radio button to indicate whether or not the Motion you are filing is amended. Accordingly, the reference to the 20 day time limit has also been eliminated, since the purpose of this present provision is to state a time period where the motion for a bill is made for the purpose of preparing for trial. References in this subdivision to a bill of particulars have been deleted, and the motion provided for is confined to one for a more definite statement, to be obtained only in cases where the movant cannot reasonably be required to frame an answer or other responsive pleading to the pleading in question. 1936), p. 1089). But a party may assert the following defenses by motion: (6) failure to state a claim upon which relief can be granted; and. STEP 1 Click on Bankruptcy. Where extraneous matter is received, by tying further proceedings to the summary judgment rule the courts have a definite basis in the rules for disposing of the motion. 2, 1987, eff. Kohler v. Jacobs (C.C.A.5th, 1943) 138 F.(2d) 440; Cohen v. United States (C.C.A.8th, 1942) 129 F.(2d) 733. 11 (N.D.Ill. This allows you to pick the cheapest days to fly if your trip allows flexibility and score cheap flight deals to Grenoble. That rule, as amended, gives the court power, upon showing of a reasonable excuse, to permit substitution after the expiration of the two-year period. See Rule 72. (1937) Rules 60 and 64. A local rule may, for example, address the problems that might arise if a single district has clerk's offices in different time zones, or provide that papers filed in a drop box after the normal hours of the clerk's office are filed as of the day that is date-stamped on the papers by a device in the drop box. 1944) 3 F.R.D. vii [105408] (1934); Wash.Gen.Rules of the Superior Courts, 1 Wash.Rev.Stat.Ann. See Rule 6(b). (2) Supporting Affidavit. (c) Motion for Judgment on the Pleadings. If the court orders a more definite statement and the order is not obeyed within 14 days after notice of the order or within the time the court sets, the court may strike the pleading or issue any other appropriate order. Fed. But if a filing is due 21 days before an event, and the twenty-first day falls on Saturday, September 1, then the filing is due on Friday, August 31. An action against a former officer or employee of the United States is covered by subparagraph (3)(B) in the same way as an action against a present officer or employee. Under Rule 6(a) the period expires on the next day that is not a Sunday or legal holiday. 176 (E.D.Tenn. The sentence appended to subdivision (c) performs the same function and is grounded on the same reasons as the corresponding sentence added in subdivision (b). 1941) 38 F.Supp. 1941) 36 F.Supp. (1937) 283. 1958); P. Beiersdorf & Co. v. Duke Laboratories, Inc., 10 F.R.D. Note to Subdivision (d). 68 of International Association of Machinists v. Forrestal (N.D.Cal. (1937) 247; N.Y.R.C.P. Co. of New York (C.C.A. When the spell is stated in dates button ampere longer unit of time: Some courts have held that these provisions permit an after-hours filing by handing the papers to an appropriate official. Enter the case number.Click Next to continue. Days, Inc., 427 F.3d 1015, 1016 (6th Cir. an extension of time to answer the remaining counts when filing a partial motion to dismiss. 1940) 34 F.Supp. See, e.g., Rule 59(b) (motion for new trial must be filed no later than 28 days after entry of the judgment). Co. (C.C.A.8th, 1945) 150 F.(2d) 997, aff'g 62 F.Supp. 1944) 144 F.(2d) 528, cert. 19, 1948; Jan. 21, 1963, eff. Washington's Birthday, Memorial Day and Veterans Day are to be observed on the third Monday in February, the last Monday in May and the fourth Monday in October, respectively, rather than, as heretofore, on February 22, May 30, and November 11, respectively. with the time computation amendments to the Federal Rules of Bankruptcy Procedure, the local rule allows the Clerk to enter an order granting a 14-day extension of time to answer or respond to an adversary complaint. Dec 1, 2016. (1943) 317 U.S. 695; Gallup v. Caldwell (C.C.A.3d, 1941) 120 F.(2d) 90; Central Mexico Light & Power Co. v. Munch (C.C.A.2d, 1940) 116 F.(2d) 85; National Labor Relations Board v. Montgomery Ward & Co. (App.D.C. Poole v. White (N.D.W.Va. Subdivision (b). Category: Civil. (Courtright, 1931) 891033, 891034. P. L. 88139, 1, 77 Stat. If the United States provides representation, the need for an extended answer period is the same as in actions against the United States, a United States agency, or a United States officer sued in an official capacity. 1. The question to be met under Rule 6(b) is: how far should the desire to allow correction of judgments be allowed to postpone their finality? If, however, you brought a motion in connection with the pleadings under Rules 12 (b)- (e), and the motion was denied or ruling was postponed until trial, you have fourteen (14) days to answer. Former Rule 6(a) thus made computing deadlines unnecessarily complicated and led to counterintuitive results. In contrast, for backward-counted deadlines, not giving state holidays the treatment of federal holidays allows filing on the state holiday itself rather than the day before. By the same reasoning a motion for judgment under Rule 50(b), involving as it does the vacation of a judgment entered forthwith on the verdict (Rule 58), operates to postpone, until an order is made, the running of the time for appeal. Remember, the Clerk's extension is a one-time extension. Further, the parties have agreed to a schedule for a Defendants' Motion for Summary Judgment pertains to all of Plaintiffs' claims and their standing to bring suit, and is a heavily fact-dependent inquiry. 12e.231, Case 1; Klages v. Cohen (E.D.N.Y. Aug. 1, 1987; Apr. When determining the last day of a filing period stated in days or a longer unit of time, a day on which the clerk's office is not accessible because of the weather or another reason is treated like a Saturday, Sunday, or legal holiday. Rule 12. Defenses and Objections: When and How Presented; Motion for Under the current version of the Rule, parties bringing motions under rules with 10-day periods could have as few as 5 working days to prepare their motions. As to Rule 73(g), fixing the time for docketing an appeal, it was held in Ainsworth v. Gill Glass & Fixture Co. (C.C.A.3d, 1939) 104 F.(2d) 83, that under Rule 6(b) the district court, upon motion made after the expiration of the forty-day period, stated in Rule 73(g), but before the expiration of the ninety-day period therein specified, could permit the docketing of the appeal on a showing of excusable neglect. This amendment conforms to the amendment of Rule 4(e). (Williams, 1934) 8784; Ala.Code Ann. 5 Fed.Rules Serv. (ii) include it in a responsive pleading or in an amendment allowed by Rule 15(a)(1) as a matter of course. Under the original rule defenses which could be raised by motion were divided into two groups which could be the subjects of two successive motions. Rule 11. 9. Motion for an extension, continuance, or stay | HHS.gov It will also be observed that if a motion under Rule 12(b)(6) is thus converted into a summary judgment motion, the amendment insures that both parties shall be given a reasonable opportunity to submit affidavits and extraneous proofs to avoid taking a party by surprise through the conversion of the motion into a motion for summary judgment. (7) failure to join a party under Rule 19. 1941) 42 F.Supp. Seeking Time Extensions in Litigation - lexisnexis.com That reading would mean that a party who is allowed a specified time to act after making service can extend the time by choosing one of the means of service specified in the rule, something that was never intended by the original rule or the amendment. The United States, a United States agency, or a United States officer or employee sued only in an official capacity must serve an answer to a complaint, counterclaim, or crossclaim within 60 days after service on the United States attorney. The next day is determined by continuing to count forward when the period is measured after an event and backward when measured before an event. This Matter, having come before the Court on Plaintiff's Motion for Extension of Time for Plaintiff to file its Reply Memorandum in response to the Defendant's Memorandum of Points and Authorities in Opposition to Plaintiff's Motion to Compel Compliance with Plaintiff's Discovery Requests and for an . Federal Court Answer Deadline (Generally) - CourtDeadlines.com 1, 9 Fed.Rules Serv. Weather can still be a reason for inaccessibility of the clerk's office. See, e.g., Rule 26(f) (parties must hold Rule 26(f) conference as soon as practicable and in any event at least 21 days before a scheduling conference is held or a scheduling order is due under Rule 16(b)). The day of the event that triggers the deadline is not counted. 1942) 6 Fed.Rules Serv. As to Rule 59 on motions for a new trial, it has been settled that the time limits in Rule 59(b) and (d) for making motions for or granting new trial could not be set aside under Rule 6(b), because Rule 6(b) expressly refers to Rule 59, and forbids it. Subdivision (a)(6). Subdivision (g) has forbidden a defendant who makes a preanswer motion under this rule from making a further motion presenting any defense or objection which was available to him at the time he made the first motion and which he could have included, but did not in fact include therein. (1942) 317 U.S. 686; Boro Hall Corp. v. General Motors Corp. (C.C.A.2d, 1942) 124 F.(2d) 822, cert. . See Mot. The effect of invoking the day when the prescribed period would otherwise expire under Rule 6(a) can be illustrated by assuming that the thirtieth day of a thirty-day period is a Saturday. (B) during the last hour for filing under Rule 6(a)(2), then the time for filing is extended to the same time on the first accessible day that is not a Saturday, Sunday, or legal holiday. In determining what is the next day for purposes of subdivisions (a)(1)(C) and (a)(2)(C), one should continue counting in the same directionthat is, forward when computing a forward-looking period and backward when computing a backward-looking period. An illustration is provided below in the discussion of subdivision (a)(5). _____ ) JOINT MOTION TO EXTEND TIME FOR DEFENDANT TO ANSWER OR RESPOND TO COMPLAINT Plaintiff and Defendant, by and through undersigned counsel, move pursuant to Federal . A United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States behalf must serve an answer to a complaint, counterclaim, or crossclaim within 60 days after service on the officer or employee or service on the United States attorney, whichever is later. (1935) 9107, 9158; N.Y.C.P.A. The Federal Rules of Civil Procedure contain both forward-looking time periods and backward-looking time periods. den. New subdivision (a)(5) defines the next day for purposes of subdivisions (a)(1)(C) and (a)(2)(C). Except as Rule 59 (c) provides otherwise, any opposing affidavit must be served at least 7 days before the hearing, unless the court permits service at another time.