One of the things I hear/see from legal professionals when it comes to calendaring is the confusion over when to count forward and when to count backwards. Below are some tips and examples that will hopefully make things clearer.
Count Forward When:
- The rule says, “within X days after service / filing / notice.”
- The deadline is triggered by something that has already happened.
Example:
“File a response within 30 calendar days after service.”
The event already occurred. Move forward in time.
Count Backward When:
- The rule says, “X days before the hearing.”
- The deadline depends on something that hasn’t happened yet.
Examples:
- Opposition due 9 court days before hearing
- Reply due 5 court days before hearing
- Notice must be given 16 court days before hearing
The hearing hasn’t happened yet! Work backward so you land before it.
A Visual Cue That Helps
Picture this:
The hearing date is a brick wall. You can walk toward it, but you can’t walk through it.
If you start at the hearing date and move backward, you stay safely on the timeline, you don’t accidentally overshoot, and every dependent deadline lines up correctly.
Once you grasp backward counting, suddenly opposition and reply dates make sense. Additionally, service extensions stop being scary, hearing continuances are easier to re-calendar, and multi-deadline motions feel manageable. Finally, it also helps you understand why calendaring software behaves the way it does – – because the logic mirrors court procedure.
What About Deadlines that Fall on a Weekend or Holiday?
Do we calculate our deadline back to the previous Friday? Do we calculate ahead to the next Monday?
In state courts, we calendar ahead to the next court day, according to California Code of Civil Procedure section 12a. The same is true in federal courts, pursuant to Federal Rule of Civil Procedure 6(a)(1)(C).
That being said, if your calendaring software gives you a Monday date because the deadline falls on a Sunday, there is nothing that says you can’t create a manual event on your calendar for Friday if your attorney prefers to file/serve earlier.
Categorized in: Legal Procedure
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