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Computation of Times for Service and Filing

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10 CFR 2.306 describes the computation of time for service and filing. Whenever a party has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon him or her and the notice or paper is served by first class mail, 5 days are added to the prescribed period. Two days are added when a document is served by express mail or expedited delivery service. No time is added when the notice or paper is served in person, or by courier, electronic mail, or facsimile transmission.

Method of service/filing of motion, pleading or document Time added (days)
Personal service, courier, electronic mail or facsimile* 0
Express mail, expedited delivery 2
1st Class mail 5

* 1 day added in Subpart J proceedings, see § 2.1017

Page Last Reviewed/Updated Tuesday, July 02, 2013