United States Court of Appeals for the Fourth Circuit

Federal and Local Rules of Appellate Procedure

August 21, 2023

Rule 26. Computing and Extending Time

 

(a) Computing Time. The following rules apply in computing any period of time 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:

 

(A) exclude the day of the event that triggers the period;

 

(B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and

 

(C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.

 

(2) Period Stated in Hours. When the period is stated in hours:

 

(A) begin counting immediately on the occurrence of the event that triggers the period;

 

(B) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and

 

(C) if the period would end on a Saturday, Sunday, or legal holiday, the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday.

 

(3) Inaccessibility of the Clerk's Office. Unless the court orders otherwise, if the clerk's office is inaccessible:

 

(A) on the last day for filing under Rule 26(a)(1), then the time for filing is extended to the first accessible day that is not a Saturday, Sunday, or legal holiday; or

 

(B) during the last hour for filing under Rule 26(a)(2), then the time for filing is extended to the same time on the first accessible day that is not a Saturday, Sunday, or legal holiday.

 

(4) "Last Day" Defined. Unless a different time is set by a statute, local rule, or court order, the last day ends:

 

(A) for electronic filing in the district court, at midnight in the court's time zone;

 

(B) for electronic filing in the court of appeals, at midnight in the time zone of the circuit clerk's principal office;

 

(C) for filing under Rules 4(c)(1), 25(a)(2)(A)(ii), and 25(a)(2)(A)(iii)—and filing by mail under Rule 13(a)(2)— at the latest time for the method chosen for delivery to the post office, third-party commercial carrier, or prison mailing system; and

 

(D) for filing by other means, when the clerk's office is scheduled to close.

 

(5) "Next Day" Defined. The "next day" is determined by continuing to count forward when the period is measured after an event and backward when measured before an event.

 

(6) "Legal Holiday" Defined. "Legal holiday" means:

 

(A) the day set aside by statute for observing New Year's Day, Martin Luther King, Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, or Christmas Day;

 

(B) any day declared a holiday by the President or Congress, and

 

(C) for periods that are measured after an event, any other day declared a holiday by the state where either of the following is located: the district court that rendered the challenged judgment or order, or the circuit clerk's principal office.

 

(b) Extending Time. For good cause, the court may extend the time prescribed by these rules or by its order to perform any act, or may permit an act to be done after that time expires. But the court may not extend the time to file:

 

(1) a notice of appeal (except as authorized in Rule 4) or a petition for permission to appeal; or

 

(2) a notice of appeal from or a petition to enjoin, set aside, suspend, modify, enforce, or otherwise review an order of an administrative agency, board, commission, or officer of the United States, unless specifically authorized by law.

 

(c) Additional Time After Certain Kinds of Service. When a party may or must act within a specified time after being served, and the paper is not served electronically on the party or delivered to the party on the date stated in the proof of service, 3 days are added after the period would otherwise expire under Rule 26(a).

 

Local Rule 26. State Holidays and Inclement Weather.

Whenever a party in computing a filing or service date relies upon an extension of time due to the inaccessibility of the Clerk's Office because of inclement weather or other conditions, or due to a state holiday, counsel must certify such reliance in the certificate of service or by separate written declaration.

 

 

Former I.O.P.-26.1 redesignated Local Rule 26 December 1, 1995.