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Time Computation, Other Changes in New Appellate Rules

By Shari Allison

As of today, December 1, among a few other changes, the hard work of the Time Computation Committee has finally come to fruition, doubtless leading to mass confusion for awhile to come. The Criminal Procedure and Appellate Procedure Rules have been changed so that there is no such thing as not counting weekends and holidays. Only calendar days matter. See Fed. R. Crim. P. 45(a)(1)(B) and Fed. R. App. P. 26(a)(1)(B). This change required changing all the references to time limits of 11 days or less [which previously did not count weekends and holidays]. So for the most part all time limits of 10 days are now 14 days, e.g. for notices of appeal. This could make a difference when previously you would get an extra day when there was a holiday mixed within the 10 days...continue to full post

Full post as published by Tenth Circuit Blog on December 01, 2009 (boomark / email).