US courts of appeals
What is the deadline for backstop: reply brief at least 7 days before argument?
Backstop: reply brief at least 7 days before argument is governed by Fed. R. App. P. 31(a)(1). This page does not calculate a date. BACKWARD-COUNTED. Read the rule text and the noted conditions before relying on any date.
Read why no date is calculated- Period
- 7 calendar days
- Trigger
- The scheduled date of oral argument
- Rule
- Fed. R. App. P. 31(a)(1)
Federal Rules of Appellate Procedure amended through 2025
Source guide · No automated date
Why this page does not calculate a date
BACKWARD-COUNTED. Exclude the argument day, count back 7 days including intermediate weekends and legal holidays, and include the seventh day. Under FRAP 26(a)(5) the 'next day' when the seventh day is a Saturday, Sunday or legal holiday is determined by continuing to count BACKWARD, so the deadline moves EARLIER, never later. Under FRAP 26(a)(6)(C) state-declared holidays are disregarded here because they count only for periods measured after an event. Rollover is flagged for review rather than encoded as next-open-day because the engine's forward rollover logic would produce a date after the deadline.
Read FRAP 31"but a reply brief must be filed at least 7 days before argument, unless the court, for good cause, allows a later filing"
Fed. R. App. P. 31(a)(1)
Which date starts the 7-day period?
The period runs from the scheduled date of oral argument.
Count backward from the trigger event. Confirm the event on the docket or in the service record before entering a date.
Read FRAP 31"but a reply brief must be filed at least 7 days before argument, unless the court, for good cause, allows a later filing"
Fed. R. App. P. 31(a)(1)
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 7 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.
BACKWARD-COUNTED. Exclude the argument day, count back 7 days including intermediate weekends and legal holidays, and include the seventh day. Under FRAP 26(a)(5) the 'next day' when the seventh day is a Saturday, Sunday or legal holiday is determined by continuing to count BACKWARD, so the deadline moves EARLIER, never later. Under FRAP 26(a)(6)(C) state-declared holidays are disregarded here because they count only for periods measured after an event. Rollover is flagged for review rather than encoded as next-open-day because the engine's forward rollover logic would produce a date after the deadline.
Can an order, motion or extension change the deadline?
- Extensions
- The court may for good cause allow a later filing. Never assume it.
- 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.
- The court may for good cause allow a later filing. Never assume it.
- A stipulation, scheduling order, standing order or local rule can set a different period and controls over the national default.
- BACKWARD-COUNTED. Exclude the argument day, count back 7 days including intermediate weekends and legal holidays, and include the seventh day. Under FRAP 26(a)(5) the 'next day' when the seventh day is a Saturday, Sunday or legal holiday is determined by continuing to count BACKWARD, so the deadline moves EARLIER, never later. Under FRAP 26(a)(6)(C) state-declared holidays are disregarded here because they count only for periods measured after an event. Rollover is flagged for review rather than encoded as next-open-day because the engine's forward rollover logic would produce a date after the deadline.
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 7-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 scheduled date of oral argument, or when I first learned of it?
The period runs from the scheduled date of oral argument 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 31Do I add three days because the document arrived by mail?
Not to this period. FRAP 26(c) concerns periods measured after service. This period runs from the scheduled date of oral argument, so no mailing days are added.
FRAP 26(c)Counting days and filing
Is it 7 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?
The court may for good cause allow a later filing. Never assume it. A request does not itself extend the period, and no discretionary extension is calculated here.
Read FRAP 31Do 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. 31(a)(1) | Trigger and period |
| FRAP 26(a) | Counting, legal holidays and the last day |
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.