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Motion Time Limits and Extensions
This week we will be discussing the time limits that apply to motions. Generally, motions have to be made within certain time periods. There are deadlines for when discovery and summary judgment motions must be filed. These deadlines may be in the discovery plan, FRCP or local rules.
(1) Should there be time limits on when a motion can be filed? Why or why not? To help you form your opinion, take a look at Rule 6 (https://www.law.cornell.edu/rules/frcp/rule_6), the Advisory Committee notes (located beneath the text of the rule, the note from 1946 may be helpful) and https://www.americanbar.org/groups/litigation/committees/business-torts-unfair-competition/practice/2018/best-practices-for-missing-a-filing-deadline-in-federal-court/ (Links to an external site.). Also, if you have never read Advisory Committee notes before, these notes are written by the committee proposing rule changes and provide the rational for the amendments to the rules. The rules are not static and are refined over time.
(2) What is the intent behind extending time for motions if service is done by mail, or around holidays? Is this fair? Why or why not? Is this going to change at all given current technology? How?
Please post an original comment with a citation to sources that support your answer and respond substantively to at least two of your peers’ posts on or before Saturday of week 6.