Rule 6, 7, 12

(a) Computing Time. The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) Period Stated in Days or a Longer Unit. When the period is stated in days or a longer unit of time: When a period stated in days, exclude day of event that triggers the time period. Mail today, 30 days start tomorrow. Discovery requests--not filed through court--service not through ECF After that, include everyday, including weekends and legal holiday. If final day is weekday or non holiday--include final day. If weekend or official federal legal holiday (listed in rule) then time period is extended until next non holiday or weekday. Snow day What does last day mean? Rule 6(a)(4) for the purposes of filing, midnight in the time zone in which the court in which the case is pending sits. If needs to be filed, not through electronic means, must be filed before clerk closes up shop

6B--includes in legal holiday any holidays that president or Congress declare or by the state in which the DC is located. 6D--Time after certain time of service d) Additional Time After Certain Kinds of Service. When a party may or must act within a specified time after service and service is made under Rule 5(b)(2)(C), (D), (E), or (F), 3 days are added after the period would otherwise expire under Rule 6(a). If you have to *** Service is made under those ^^^ rules, Mailing Clerk e-mail if consent Consented in writing You get an extra 3 days--give time to give to recipient, would otherwise eat into your time allotment. Just because served effective Friday, not sure of service, unless someone hands to him. How do we put it into place? If 30th day falls on weekend or holiday, you can't end there. You add to it.

How to implement 3 extra days 30th day of a 30 day period is a Sat. Period expires next day that is not a Sat, Sun, or legal holiday. If it expires on SSLH, then add 3 days after *** Effect of this rule, days range from 24-27 days because of holidays and weekends. Motion must state relief sought. Form of motion is dictated by rules governing its form. Address in 7b

Rule 12 a--sets forth time for response to pleading or responsive motion. If a motion to dismiss--12-a-4---is denied, so for example, if the motion to dismiss in Twombly had been denied, (D) would have had 14 days after notice action to file its responsive pleading. No extra 3 days, just a true 14 days, starting the day after the order is entered. Rule 6 does not apply to court orders. Any time you ask for additional time and it's your first time to ask for extra time, then usually granted. Usually parties agree amongst themselves. You look like a jerk if you refuse another's extension of time. TN--Parties can stipulate to an extra 21 days. Must notify court, but no court involvement needed. If another 21 day period is needed, court must grant that. Less common motions Motion for a more definite statement, explaining to court that complaint is so obtuse that you are not sure what the complaint is. Why wouldn't you just dismiss for a failure to state a claim You might, in wake of Twqbal. Depends on facts. Motion to strike if pleading includes scandalous, etc. If you decide not to answer the complaint directly, you are likely to file a 12 (b) motion. Subparts of rule 12 limit ability to use these defenses. These defenses need to be made before pleading is to be filed. Use it or lose it proposition--waived if not use right away. Waives defenses 2-5 by omitting in motion as described in 12-b-2. A party may not make another motion You must join together your 12 b motions in one consolidated motions. If you dont, you may have waived them. If you'd like to raise defenses of 12-b, you must bring all those defenses together in 1 motion. Waiver threat does not apply to all 12-b motions.

Court can determine at anytime it lacks SMJ--open to be made at anytime. Can be made in 12-b-2-5 defense, pleading, 12-b-c (judgment on pleading), or at trial???? Hypo 6.2 Yes, because under rule 12h1 did not consolidate pursuiant to 12g1 for Needed to consolidate his motions as allowed in 12g1. Having failed to do that, he is limited from bringing 12b5 motion subsequently.