ITEM 3.08 | RESPONSE TO A MOTION TO DISMISS
To calculate the deadline, exclude the day that the defendant files the response, and beginning counting the next day. Count every day, including weekends and holidays. The response is due on the fourteenth (or seventeenth, if mailed) day, unless that day is a Saturday, Sunday, or legal holiday, in which case the response is due on the next day that is not a Saturday, Sunday, or legal holiday. See Federal Rule of Civil Procedure 6.
If you need more time to file your opposition, you need to file a motion for extension of time with the Court. If you can, contact the opposing side and get consent. If you get consent for an extension, make sure that consent is reflected in your motion.
If you cannot get the consent from the other time, file the motion for extension of time before the response is due and show there is “good cause” for the extension. See Federal Rule of Civil Procedure 6(b). If a motion for extension of time is filed after the due date, you must show “excusable neglect” for missing the deadline. Federal Rule of Civil Procedure 6(b).
You might need to reference it during your pursuit of justice.
For instance, you might need to examine this handbook in order to protect yourself from judges/lawyers/organizations who break the law (see this example of a Florida judge who outright committed perjury).
Nevertheless – and as always – please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
