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2 U.S.C. § 394Computation of time

submitted 57 years ago by Pub. L. 91-138 to r/title-2-THE-CONGRESS · 349 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law explains how to count deadlines in House election contest cases. The day an event happens does not count, but the last day usually does, with special rules for weekends and holidays. Parties can also get more time for good cause or excusable neglect.

(a) Method of computing time: When counting any time period set by this chapter, by the committee's rules, or by a committee order, do not count the day the triggering act, event, or default happened. Do count the last day of the period — unless that day is a Saturday, Sunday, or legal holiday. If it is one of those days, the period instead runs until the end of the next day that is not a Saturday, Sunday, or legal holiday. If the time period is less than seven days, Saturdays, Sundays, and legal holidays in the middle of the period do not count either. For this chapter, "legal holiday" means New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day the President or Congress declares a holiday. (b) Service by mail: If someone has the right or duty to do something, or start a proceeding, within a set time after being served (given) a pleading, motion, notice, brief, or other paper by mail, three extra days get added to that time period. (c) Enlargement of time: When this chapter, the committee's rules, or a committee order requires or allows something to be done by or within a specific time, the committee may extend that time in its discretion, for good cause. This can happen two ways: with or without a motion or notice, the committee can extend the period if someone asks before the original period (or a previously extended period) runs out; or after the period has already expired, the committee can allow the act to be done anyway if the failure to act on time was "excusable neglect" — a reasonable, forgivable mistake. But the committee cannot use this power to extend the deadline for serving and filing a notice of contest under section 382 of this title — that deadline is fixed.
the actual law source: uscode.house.gov ↗public domain
(a) Method of computing time

In computing any period of time prescribed or allowed by this chapter or by the rules or any order of the committee, the day of the act, event, or default after which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, a Sunday, nor a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. For the purposes of this chapter, “legal holiday” shall mean New Year’s Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day appointed as a holiday by the President or the Congress of the United States.

(b) Service by mail

Whenever a party has the right or is required to do some act or take some proceeding within a prescribed period after the service of a pleading, motion, notice, brief, or other paper upon him, which is served upon him by mail, three days shall be added to the prescribed period.

(c) Enlargement of time

When by this chapter or by the rules or any order of the committee an act is required or allowed to be done at or within a specified time, the committee, for good cause shown, may at any time in its discretion (1) with or without motion or notice, order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made after the expiration of the specified period, permit the act to be done where the failure to act was the result of excusable neglect, but it shall not extend the time for serving and filing the notice of contest under section 382 of this title.

Source credit: (Pub. L. 91–138, § 15, Dec. 5, 1969, 83 Stat. 290.)

history & why it existsrecord from the source credit
  • 1969Enacted · Pub. L. 91-138 · 83 Stat. 290

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-138 on 1969-12-05.

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