FRAP 26
-86-
(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, Juneteenth
National Independence 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 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).
(As amended Mar. 1, 1971, eff. July 1, 1971; Mar. 10, 1986, eff. July 1, 1986; Apr. 25, 1989, eff.
Dec. 1, 1989; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 24, 1998,
eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 25, 2005, eff. Dec. 1, 2005; Mar. 26,
2009, eff. Dec. 1, 2009; Apr. 28, 2016, eff. Dec. 1, 2016; Apr. 26, 2018, eff. Dec. 1, 2018; Apr.
25, 2019, eff. Dec. 1, 2019; Apr. 24, 2023, eff. Dec. 1, 2023.)