CACB — TCG Supplement 9006: Three Additional Days to Act or Respond

Source: https://www.cacb.uscourts.gov/sites/cacb/files/documents/the-central-guide/TCGSupp9006%28f%29_3-Additional-Days-to-Act-or-Respond.pdf

The Central Guide Supplement to FRBP 9006(f)

When a Notice Must Indicate that a Party Has 3 Additional Days To Act or Respond

The Central Guide Supplement 9006(f) April 2022

The Central Guide Supplement 9006(f) April 2022

1.0 Implementation of FRBP 9006(f) – 3 Additional Days to Act or Proceed

1.1 FRBP 9006(f). Pursuant to FRBP 9006(f) as amended effective December
1, 2016, when an item that contains a deadline to act or proceed is served
by mail, or pursuant to F.R.Civ.P. 5(b)(2)(D) or (F), and the deadline
prescribed for acting or proceeding is a specific number of days after the
date the item is served, three days are added to the deadline to act or
proceed.

1.2 3 Additional Days to Act or Proceed. 3 additional days are added to a
deadline when the deadline prescribed is determined by counting forward a
specified number of days after the date indicated on the proof of service.

a. Applicable Situations Include Service of a/an:

1. Summons and notice of status conference in an involuntary
petition;

2. Summons and notice of hearing on petition pursuant to 11
U.S.C. chapter 15;

3. Notice of intent;

4. Notice to cure default (example: relief from stay adequate
protection agreement);

5. Order to comply (when compliance deadline is determined by
counting forward a specific number of days after service of the
order;

6. Discovery request;

7. Demand;

8. Answer to a crossclaim;

9. Reply to a counterclaim; and

10. Motion or application made pursuant to LBR 9013-1(o) or
pursuant to other LBR with a similar notice and opportunity to
file a response and request a hearing

b. Language of Notice: Appropriate language to include when
providing notice of a deadline to act or proceed, when not using a
court-approved form, is:

The Central Guide Supplement 9006(f) April 2022

The deadline for (fill in the required action or proceeding) is (fill in number of days) days after the date of service of this (fill in item being served), plus an additional 3 days if you were served by mail, or pursuant to F.R.Civ.P. 5(b)(2)(D) or (F). If you fail to comply with this deadline, the court may treat such failure as a waiver of your right to (fill in the required action or proceeding).

1.3 No Additional Days to Act or Proceed. Additional days are not added to
the deadline if: (1) the deadline prescribed is determined by counting
backward a specific number of days prior to a scheduled event; or (2) an
exact deadline is set without reference to the date on the proof of service.

a. Examples of Notices re Scheduled Events:

1. hearing date

2. status conference

3. pre-trial conference

4. trial

5. mediation

6. settlement conference

b. Example of Notice with Exact Deadline:

1. Summons and notice of status conference re adversary
proceeding complaint.

The Central Guide Supplement 9006(f) April 2022