US courts of appeals
What is the deadline for additional 3 days after certain kinds of service?
Additional 3 days after certain kinds of service is governed by Fed. R. App. P. 26(c). This page does not calculate a date. Three traps. Read the rule text and the noted conditions before relying on any date.
Read why no date is calculated- Period
- 3 calendar days
- Trigger
- Expiry of a period measured from service, where the paper was not served electronically on the party and was not delivered to the party on the date stated in the proof of service
- Rule
- Fed. R. App. P. 26(c)
Federal Rules of Appellate Procedure amended through 2025
Source guide · No automated date
Why this page does not calculate a date
Three traps. (1) Since the 2016 amendment ELECTRONIC service does NOT attract the 3 days; because virtually all federal appellate service is now through CM/ECF, the addition is rarely available. (2) It applies only to periods measured from SERVICE (for example FRAP 31(a)(1) appellee and reply briefs, FRAP 27(a)(3) and (a)(4)), never to periods measured from entry of judgment, filing of a document, or a court event. It does not extend the time to file a notice of appeal. (3) The 3 days are added AFTER the underlying period has already been rolled over under FRAP 26(a)(1)(C), and the resulting date is then itself subject to rollover if it lands on a weekend or legal holiday.
Read FRAP 26"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)."
Fed. R. App. P. 26(c)
Which date starts the 3-day period?
The period runs from the expiry of a period measured from service, where the paper was not served electronically on the party and was not delivered to the party on the date stated in the proof of service.
Count forward from the trigger event. Confirm the event on the docket or in the service record before entering a date.
Read FRAP 26"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)."
Fed. R. App. P. 26(c)
This period runs from the specific event in the cited rule. Do not substitute a nearby date such as a hearing, a courtesy copy or the day you first learned of it.
Which date do I enter?How are the 3 calendar days counted?
- Exclude the day of the trigger event.
- Count every following day, including intermediate Saturdays, Sundays and legal holidays.
- If the last day is a Saturday, Sunday or legal holiday, continue to the next day that is not one of those.
Exclude the trigger day and count calendar days under FRAP 26(a).
If the final day is a Saturday, Sunday or legal holiday, FRAP 26(a) carries it to the next open day.
FRAP 26(a) also treats a day on which the clerk’s office is inaccessible as excluded from the last day, and sets the electronic filing cutoff at midnight in the time zone of the circuit clerk’s principal office. Circuit local rules and briefing orders often control; the national calculation does not read them.
Read FRAP 26(a)The calculation gives the ordinary national-rule date. Check relevant holidays, the court’s accessibility and its filing cutoff separately.
Review the filing checklistWhy no worked calculation is shown
No date is calculated on this page because the encoded provision could not be reduced to one fixed period. Read the rule text, the starting event and the noted branches, then confirm the period in the current rules before relying on any date.
Three traps. (1) Since the 2016 amendment ELECTRONIC service does NOT attract the 3 days; because virtually all federal appellate service is now through CM/ECF, the addition is rarely available. (2) It applies only to periods measured from SERVICE (for example FRAP 31(a)(1) appellee and reply briefs, FRAP 27(a)(3) and (a)(4)), never to periods measured from entry of judgment, filing of a document, or a court event. It does not extend the time to file a notice of appeal. (3) The 3 days are added AFTER the underlying period has already been rolled over under FRAP 26(a)(1)(C), and the resulting date is then itself subject to rollover if it lands on a weekend or legal holiday.
Can an order, motion or extension change the deadline?
- Extensions
- Not a discretionary allowance. It applies automatically when its conditions are met and does not apply when they are not.
- Orders and local rules
- A scheduling order, stipulation approved by the court, standing order or local rule can set a different period and controls over the national default.
- Not a discretionary allowance. It applies automatically when its conditions are met and does not apply when they are not.
- A stipulation, scheduling order, standing order or local rule can set a different period and controls over the national default.
- Three traps. (1) Since the 2016 amendment ELECTRONIC service does NOT attract the 3 days; because virtually all federal appellate service is now through CM/ECF, the addition is rarely available. (2) It applies only to periods measured from SERVICE (for example FRAP 31(a)(1) appellee and reply briefs, FRAP 27(a)(3) and (a)(4)), never to periods measured from entry of judgment, filing of a document, or a court event. It does not extend the time to file a notice of appeal. (3) The 3 days are added AFTER the underlying period has already been rolled over under FRAP 26(a)(1)(C), and the resulting date is then itself subject to rollover if it lands on a weekend or legal holiday.
What should I check before filing?
These checks help you review the result. They do not activate a calendar date or certify that the deadline applies.
Common questions
Find answers about when this 3-day period starts, how it is counted, what can change it and how to keep your calculation.
Starting the clock
Does the clock start on the expiry of a period measured from service, where the paper was not served electronically on the party and was not delivered to the party on the date stated in the proof of service, or when I first learned of it?
The period runs from the expiry of a period measured from service, where the paper was not served electronically on the party and was not delivered to the party on the date stated in the proof of service as the rule defines it, not from the day you read about it, received a courtesy copy or attended a hearing. Use the date shown on the docket or in the service record.
Read FRAP 26Do I add three days because the paper was served by mail?
FRAP 26(c) adds three days only after the listed non-electronic methods of service, such as mail. Electronic service through the court’s filing system does not add days. Check how service was actually made before adding anything.
FRAP 26(c)Counting days and filing
Is it 3 calendar days or business days?
Calendar days. Count intermediate weekends and holidays. If the final day is a Saturday, Sunday or legal holiday, FRAP 26(a) carries it forward to the next day that is not one of those.
FRAP 26(a)Which time zone and filing cutoff apply?
Under FRAP 26(a)(4), electronic filing ends at midnight in the time zone of the circuit clerk’s principal office unless a different time is set. Paper filing ends when the clerk’s office is scheduled to close. This calculator does not verify either fact.
FRAP 26(a)What if the court is inaccessible on the last day?
FRAP 26(a)(3) extends the period to the first accessible day that is not a weekend or legal holiday when the clerk’s office is inaccessible on the last day. Check the circuit’s closure notices and orders.
FRAP 26(a)Extensions and local rules
Can the court extend this deadline?
Not a discretionary allowance. It applies automatically when its conditions are met and does not apply when they are not. A request does not itself extend the period, and no discretionary extension is calculated here.
Read FRAP 26Do local rules, standing orders or a scheduling order change the date?
They can. Many courts set their own periods by local rule, standing order or case-specific order, and those control over the national default. This calculator gives the national-rule date only; compare it with any order in the case before relying on it.
Choosing the right calculator
Does this calculator decide whether the rule applies to my case?
No. It calculates a period from the date you provide under the cited rule. It does not decide whether the rule governs your filing, whether an exception applies, or whether the filing has merit. Those questions need separate review.
Can I calculate the deadline without an account?
Yes. Enter the trigger date to see the free national-rule calculation, citation, counting steps and warnings. You can add court context after the result. Missing court review keeps the result provisional.
Results, records and your case
What is included in an Evidence Record?
The retained inputs, result, cited rule, calculation working, warnings and review state. The PDF includes a payload digest and retained-data appendix, and the record can be verified against its fingerprint later. It records the calculation, not a guarantee of legal correctness.
Does saving to a case activate the calendar?
Not automatically. Provisional records remain subject to review. A separately labeled manual date does not alter the original calculation.
Official sources and review
The period and the counting method come from different provisions. The official source is the court’s published rules; the reading links open the rule text at the Legal Information Institute.
| Provision | Purpose |
|---|---|
| Fed. R. App. P. 26(c) | Trigger and period |
| FRAP 26(a) | Counting, legal holidays and the last day |
| FRAP 26(c) | Three added days after non-electronic service |
Rule record reviewed . Guide sources checked . Next source check .
Published by Deadline Engine. This tool calculates the ordinary period under the cited rule. It does not decide whether the rule applies, obtain an extension or file anything for you.