Keeping Track of Your Legal Timelines
Where the filing date is triggered by an event in the future (e.g., a motion hearing date or the last day to hear motions), we count backwards to determine when the motion must be filed (e.g., in the central district, counting backwards 28 days) or when the opposition must be filed (e.g., in the central district, counting backwards 21 days). Exclude the trigger date (i.e., the hearing date) and count every intermediate day, including Saturdays, Sundays, and legal holidays. Include the last day of the period, but if the last day of the period is a Saturday, Sunday, or legal holiday, then continue counting backwards until you land on a court day. In other words, the filing is due prior to the holiday, not after the holiday, even if this means we lose a day to work on the brief.
Certain judges require filings to be made prior to 3:00 p.m., 4:00 p.m., or 5:00 p.m. on the due date. This information would be available in the judge’s standing order and/or on the judge’s webpage. These judges include Walter and Phillips. Judge Wilson requires oppositions to ex parte applications to be filed prior to 3:00 p.m. When calendaring any filing deadlines in cases with Walter, Phillips, etc., please include a reminder about the filing time on the calendar under each filing deadline. We should keep a running list of judges who have specific time cutoffs.
When we have a case in an unfamiliar jurisdiction, be sure to check for any differences in deadlines and requirements right away. For example, in AZ, the complaint must be filed within one year of the date of the incident.
When calculating the claim filing deadline based on the date of the incident, and also when calculating the complaint-filing deadline based on the rejection of the claim, please calculate this date based on both “six months” and “180 days” and then calendar the earlier date. Certain jurisdictions go by “180 days” whereas others go by “6 months.”
Where the filing deadline is triggered by a court order (e.g., a court order giving us 14 days to file an amended complaint or an entry of judgment triggering the 14 days period within which to file a motion for attorney’s fees), please review the court order to see what date the order was signed/stamped, as opposed to what date we received the NEF. Although there is no clear authority on this, we should calendar our filing deadlines conservatively and assume that the trigger date is the date that the order was signed or stamped—not the date that our support staff saw the NEF.
This is often denoted in the judge’s scheduling order or civil jury trial order with respect to pre-trial filings, where certain pretrial documents must be served on the other side prior to the document being filed. These orders can often be vague and confusing. Please double check the wording and ask a colleague if the order appears unclear. Where the judge’s order only gives the last day to hear a motion, please calendar the last day to file the motion (28 days prior to the last day to hear the motion) and the last day to meet and confer on that motion (35 days prior to the last day to hear the motion). Motions in limine are typically exempted from the “last day to hear motions” and should be filed as a regularly-noticed motion with the FPTC as the hearing date unless otherwise stated by the court.
Please remember that certain periods are calculated by “court days” as opposed to just “days.” When counting by “court days,” remember that Saturdays, Sundays, and legal holidays are not included in the period.
Many judges require written discovery to be served 45 days prior to the discovery cutoff. We should make a habit of calendaring this deadline. We could also calendar the “last day to serve written discovery within enough time to bring a motion to compel” based on the motion hearing cutoff.