TITLE 38 App. > RULES > Rule 26

Rule 26. Computation and Extension of Time

(a) Computing Time.
(1) General rule. In computing a period of time set by these rules, or by a Court order, or by a statute, the day of the event that begins the period is not included. The last day of the period is included, unless it is a Saturday, Sunday, or legal holiday; or, if the act to be done is filing a paper in the Court, unless it is a day when the Clerk’s Office has been closed by direction of the Chief Judge or when the weather or another condition makes the Clerk’s Office inaccessible, as declared by the Court or the Chief Judge.
(2) Legal holidays. As used in this rule, “legal holiday” means New Year’s Day, Martin Luther King, Jr.’s Birthday, Washington’s Birthday (Presidents Day), Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day declared a holiday by the President or Congress.
(3) Notices. Notice that the Court is closed or inaccessible will be posted publicly, if circumstances permit, and placed on a telephone recording.
(b) Extension of Time. The Court, on its own initiative or on a party’s motion for good cause shown, may extend the time set by these rules for doing any act, or may permit an act to be done after the expiration of such time (by granting a motion for leave to file out of time or otherwise), but the Court may not extend the time for filing a Notice of Appeal or an application for attorney fees and expenses. See also Rule 5 (a) (joint motion for stays to negotiate settlement or remand). Extensions of time for a total of 45 days for any particular filing may be granted for good cause. Any motion to extend the time set by these rules or by an order or notice of the Court beyond a total of 45 days for a particular filing will be granted only for extraordinary circumstances, which do not include workload considerations. In no case will a motion be granted to suspend the Rules (see Rule 2) in order to achieve an extension of time.
(1) Additional requirements. Any motion to extend time based on extraordinary circumstances (see above) must be filed not less than 14 days before the date sought to be extended. Any motion filed later than 14 days before the date sought to be extended and not acted upon by the date sought to be extended is denied.
(2) Content of motion. In addition to showing good cause for an extension of time, the motion must state the following:
(A) The date to be extended;
(B) the revised date sought;
(C) the total number of days of extension previously granted to the movant both for the same action and in the merits or attorney-fee-application phase, as applicable, of the case;
(D) the total number of days of extension previously granted to the other party(ies) in the merits or attorney-fee-application phase, as applicable, of the case; and
(E) a statement in compliance with Rule 27 (a)(4).
(3) Opposition. Any opposition must be filed with the Clerk not later than 5 days after the non-moving party is served with a copy of that motion to extend time. The Court will treat the motion as unopposed if no opposition is filed within this period; no extension of this period will be granted for any reason.
(4) Effect of motion. A motion to extend time does not extend the date on which a pleading or other paper is due to be filed with the Court unless the Court grants that motion. See Rule 5 (b).
(5) Noncompliance. See Rule 45 (k).
(c) Additional Time After Service by Mail.
(1) General rule. If a party is required or permitted to do an act within a period initiated by service of a paper under these rules on that party by another party and the paper is served by mail, 5 days are added to the period for doing that act.
(2) Service overseas by Secretary. If a paper is served by the Secretary by mail on an appellant, petitioner, or representative who is located outside the United States, Puerto Rico, or the Virgin Islands, 30 additional days are added to the applicable period.
(3) Court orders and notices. Additional time under this rule is not added to the periods set in Court orders and notices or in Rules 4 (Notice of Appeal), 35 (post-decision motions), and 39(a) (attorney fee applications).
(d) Combined Motions Prohibited. A motion to extend time may not be combined with any other motion. The Clerk will return any motion that violates this subsection.