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, legal holiday, or day the Court is closed at the direction of the Chief Judge.
(2) Legal holidays. As used in this Rule, "legal holiday" means New Year's Day, Martin Luther King, Jr.'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, on the Court's website, if circumstances permit. See www.uscourts.cavc.gov.
(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, but the Court may not extend the time for filing a Notice of Appeal except as provided by Rule 4, or an application for attorney fees and expenses. See also Rule 5(a) (Stay of Appellate Proceedings). The Court may grant an extension of time not to exceed a total of 45 days for any particular filing 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.
(1) Content of motion. In addition to the information required by Rule 27(a) (Content of Motions), the motion shall 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 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)(5) (Content of Motions).
(2) Opposition. Any opposition shall 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.
(3) Effect of motion. A motion to extend time does not extend the date on which a pleading or other document is due to be filed with the Court unless the Court grants that motion. See Rule 5(b) (Effect of Stay).
(4) Noncompliance. See Rule 45(j) (Noncompliant Submissions).
(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 document under these Rules on that party by another party and the document is served by mail, 5 days are added to the period for doing that act.
(2) Service overseas by Secretary. If a document is served by the Secretary by means other than through CM/ECF 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 (Filing Appeal; Docketing; Copy of Board Decision), 35 (Motions for Reconsideration, Panel Decision, or Full Court Review), and 39(a) (Attorney Fees and Expenses-Application).
(d) Combined Motions Prohibited. With the exception of a motion for leave to file an out-of-time motion to extend time, a motion to extend time may not be combined with any other motion. The Clerk will return any motion that violates this subsection.Back