Rule 87 – Civil Rules Emergency

(a) Conditions for an Emergency. The Judicial Conference of the United States may declare a Civil Rules emergency if it determines that extraordinary circumstances relating to public health or safety, or affecting physical or electronic access to a court, substantially impair the court’s ability to perform its functions in compliance with these rules.

(b) Declaring an Emergency.

(1) Content. The declaration must:

(A) designate the court or courts affected;

(B) adopt all the emergency rules in Rule 87(c) unless it excepts one or more of them; and

(C) be limited to a stated period of no more than 90 days.

(2) Early Termination. The Judicial Conference may terminate a declaration for one or more courts before the termination date.

(3) Additional Declarations. The Judicial Conference may issue additional declarations under this rule.

(c) Emergency Rules.

(1) Emergency Rules 4(e), (h)(1), (i), and 26(j)(2), and for serving a minor or 27 incompetent person. The court may by order authorize service on a defendant described in Rule 4(e), (h)(1), (i), or (j)(2)-or on a minor or incompetent person in a judicial district of the United States-by a method that is reasonably calculated to give notice. A method of service may be completed under the order after the declaration ends unless the court, after notice and an opportunity to be heard, modifies or rescinds the order.

(2) Emergency Rule 6(b)(2).

(A) Extension of Time to File Certain Motions. A court may, by order, apply Rule 6(b)(1)(A) to extend for a period of no more than 30 days after entry of the order the time to act under Rules 50(b) and (d), 52(b), 59(b), (d), and (e), and 60(b).

(B) Effect on Time to Appeal. Unless the time to appeal would otherwise be longer:

(i) if the court denies an extension, the time to file an appeal runs for all parties from the date the order denying the motion to extend is entered;

(ii) if the court grants an extension, a motion authorized by the court and filed within the extended period is, for purposes of Appellate Rule 4(a)(4)(A), filed “within the time allowed by” the Federal Rules of Civil Procedure; and

(iii) if the court grants an extension and no motion authorized by the court is made within the extended period, the time to file an appeal runs for all parties from the expiration of the extended period.

(C) Declaration Ends. An act authorized by an order under this emergency rule may be completed under the order after the emergency declaration ends.

 

(Adopted Effective eff. Feb. 16, 2022)