Print MeLR 1.1 Scope Of The Rules
(a) Title and Citation. These rules shall be known as the Local Rules of the United States District Court for the District of Minnesota. They may be cited as "D. Minn. LR __".
(b) Effective Date. These rules become effective on May 1, 2000.
(c) Scope of Rules. Except as otherwise provided or where the context so indicates, these rules shall apply in all proceedings in civil and criminal actions, but not including bankruptcy actions. Rules governing proceedings before Magistrate Judges are incorporated herein.
(d) Relationship to Prior Rules; Actions Pending on Effective Date. These rules supersede all previous rules promulgated by this Court or any Judge of this Court. They shall govern all applicable proceedings brought in this Court after they take effect. They also shall apply to all proceedings pending at the time they take effect, except to the extent that in the opinion of the Court the application thereof would not be feasible or would work injustice, in which event the former rules shall govern.
(e) Rule of Construction. 1 U.S.C. §§ 1-5 shall, as far as applicable, govern the construction of these rules.
(f) Computation of Time. In computing any period of time prescribed or allowed by these rules, the provisions of Fed. R. Civ. P. 6(a) apply, except as hereinafter set forth. When these rules provide that a due date is to be computed by counting backward in time from a scheduled act or event:
(1) in accordance with Fed. R. Civ. P. 6(a), if the due date falls on a day that is a Saturday, a Sunday, a legal holiday, or a day on which the clerk's office is inaccessible, then the due date is extended to the next day that is not such a day.
(2) in all other cases the occurrence of a Saturday, Sunday, holiday, or day of inaccessibility does not change the due date.
[Adopted effective February 1, 1991; amended November 1, 1996]
1991 Advisory Committee's Note to LR 1.1(f)
Fed. R. Civ. P. 6(a) provides a method for computing time that applies, by its express language, to computing due dates under the local rules of district courts as well as under the Federal Rules of Civil Procedure. LR 1.1(f) follows Fed. R. Civ. P. 6(a), and it provides a supplemental rule of computation for cases in which a due date is computed by counting backwards from a scheduled act or event.
Fed. R. Civ. P. 6(a) creates two types of automatic extension:
(1) When the due date falls on a non-business day or a day when the clerk's office is inaccessible because of weather conditions or the like, the due date is extended to the next ordinary day.y.
(2) When the period of time prescribed or allowed for an act is less than 11 days, and Saturdays, Sundays, or legal holidays occur between the event that starts the time period running and the due date, those Saturdays, Sundays, or legal holidays are excluded from the computation.
This Committee examined the operation of Fed. R. Civ. P. 6(a) in the context of Minnesota local rules, such as LR 7.1, that involve setting a due date by counting backward from a hearing date. Fed. R. Civ. P. 6(a) does not provide guidance for computing time under a counting backwards rule, and hence the question of computation falls within the local rule making authority.
The Committee decided that due dates created by counting backwards should be calculated by a calendar day method with no extension of time when Saturdays, Sundays, legal holidays, or inaccessibility days fall within the computation period. The only exception is made when the due date itself falls on a Saturday, Sunday, legal holiday, or inaccessibility day, in which case the due date is extended until the next day the clerk's office is open.
The following are examples of how to compute time under LR 1.1(f).
(1) Suppose that a rule provides that a motion must be filed within ten days after entry of judgment. Judgment is entered on Day 1. Five of the days between Day 1 and Day 11 are Saturdays, Sundays, and legal holidays. Since this example does not involve the counting backwards rule, Rule 6(a) applies and there is an automatic extension of time of five days.s.
(2) Suppose that a rule provides that a brief must be filed seven days before a hearing. The due date falls on a Sunday. This example does involve the counting backwards rule. Therefore, following the local rule, since the due date falls on a Sunday, the due date is extended until the next day that the clerk's office is open.
(3) Suppose that a rule provides that a brief must be filed seven days before a hearing. The due date falls on an ordinary business day. However, three of the seven days immediately before the due date are Saturdays, Sundays, or legal holidays. This example also involves the counting backwards rule. Thus, following Local Rule LR 1.1(f), which provides an extension of time only if the due date falls on a day when the clerk's office is closed, there is no automatic extension. The brief must be filed seven calendar days before the hearing.