On April 28, 2016, the Supreme Court of the United Sates approved amending Federal Rule of Civil Procedure 6(d) to remove electronic service from the modes of service under Rule 5(b)(2) that allow an extra three (3) days to respond.

Rule 6(a) specifies how a party must compute time as provided in the Federal Rules of Civil Procedure, any local rule, court order, or statute that does not specify a method of computing time.  For periods stated in days, a party is to: (1) exclude the day that triggered the period; (2) count every day, including weekends and legal holidays; and (3) include the last day of the period.  If the last day is a weekend or legal holiday, the period runs to the next day that is not a weekend or legal holiday.  See Fed. R. Civ. P. 6(a).  Formerly, FRCP 6(d) granted three (3) additional days to respond after service by mail, leaving a paper with the clerk, electronic service, or other means.  After Dec. 1, 2016, FRCP 6(d) will no longer provide three (3) additional days to respond after a party has been served electronically.

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