Rule 26 — Computing and Extending Time

Fed. R. App. P. 26

• Source: Federal Rules of Appellate Procedure
• Rule: 26
• TITLE VII: GENERAL PROVISIONS
• Citation: Fed. R. App. P. 26

Text

(a) Computing Time. The following rules apply in computing any
time period specified in these rules, in any local rule or court
order, or in any statute that does not specify a method of comput-
ing time.
(1) Period Stated in Days or a Longer Unit. When the period
is stated in days or a longer unit of time:
(A) exclude the day of the event that triggers the period;
(B) count every day, including intermediate Saturdays,
Sundays, and legal holidays; and
(C) include the last day of the period, but if the last day
is a Saturday, Sunday, or legal holiday, the period con-
tinues to run until the end of the next day that is not a
Saturday, Sunday, or legal holiday.
(2) Period Stated in Hours. When the period is stated in
hours:
(A) begin counting immediately on the occurrence of the
event that triggers the period;
(B) count every hour, including hours during intermedi-
ate Saturdays, Sundays, and legal holidays; and
(C) if the period would end on a Saturday, Sunday, or
legal holiday, the period continues to run until the same
time on the next day that is not a Saturday, Sunday, or
legal holiday.
(3) Inaccessibility of the Clerk’s Office. Unless the court or-
ders otherwise, if the clerk’s office is inaccessible:
(A) on the last day for filing under Rule 26(a)(1), then the
time for filing is extended to the first accessible day that
is not a Saturday, Sunday, or legal holiday; or
(B) during the last hour for filing under Rule 26(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.
(4) ‘‘Last Day’’ Defined. Unless a different time is set by a
statute, local rule, or court order, the last day ends:
(A) for electronic filing in the district court, at midnight
in the court’s time zone;
(B) for electronic filing in the court of appeals, at mid-
night in the time zone of the circuit clerk’s principal of-
fice;
(C) for filing under Rules 4(c)(1), 25(a)(2)(A)(ii), and
25(a)(2)(A)(iii)—and filing by mail under Rule 13(a)(2)—at
the latest time for the method chosen for delivery to the
Rule 26.1 FEDERAL RULES OF APPELLATE PROCEDURE 28
post office, third-party commercial carrier, or prison mail-
ing system; and
(D) for filing by other means, when the clerk’s office is
scheduled to close.
(5) ‘‘Next Day’’ Defined. 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.
(6) ‘‘Legal Holiday’’ Defined. ‘‘Legal holiday’’ means:
(A) the day set aside by statute for observing New Year’s
Day, Martin Luther King Jr.’s Birthday, Washington’s
Birthday, Memorial Day, Juneteenth National Independ-
ence Day, Independence Day, Labor Day, Columbus Day,
Veterans’ Day, Thanksgiving Day, or Christmas Day;
(B) any day declared a holiday by the President or Con-
gress; and
(C) for periods that are measured after an event, any
other day declared a holiday by the state where either of
the following is located: the district court that rendered
the challenged judgment or order, or the circuit clerk’s
principal office.
(b) Extending Time. For good cause, the court may extend the
time prescribed by these rules or by its order to perform any act,
or may permit an act to be done after that time expires. But the
court may not extend the time to file:
(1) a notice of appeal (except as authorized in Rule 4) or a pe-
tition for permission to appeal; or
(2) a notice of appeal from or a petition to enjoin, set aside,
suspend, modify, enforce, or otherwise review an order of an
administrative agency, board, commission, or officer of the
United States, unless specifically authorized by law.
(c) Additional Time After Certain Kinds of Service. When a party
may or must act within a specified time after being served, and
the paper is not served electronically on the party or delivered to
the party on the date stated in the proof of service, 3 days are
added after the period would otherwise expire under Rule 26(a).

Advisory Committee Notes

(As amended Mar. 1, 1971, eff. July 1, 1971; Mar. 10, 1986, eff. July 1, 1986; Apr. 25, 1989, eff. Dec. 1, 1989; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 25, 2005, eff. Dec. 1, 2005; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 28, 2016, eff. Dec. 1, 2016; Apr. 26, 2018, eff. Dec. 1, 2018; Apr. 25, 2019, eff. Dec. 1, 2019; Apr. 24, 2023, eff. Dec. 1, 2023.)