Mailbox Rule – Counting Time in Litigation

You Add Time to the Due Date when the U.S. Mail is Used

In most courts, if a party sends material to the other side by mail rather than in-person delivery, and that thing requires action by a certain deadline, then time will automatically be added according to the rules of civil procedure. That is called the “mailbox rule.” This video discusses the mailbox rule and how days are counted in litigation. It answers fascinating questions like, what happens if the due date falls on a weekend or holiday?

One of the most basic facts you should know – that I frequently get asked – is when the days start counting. If you are served on Monday, day one of the count is Tuesday in every jurisdiction of which I am aware. Watch this video to understand the way time is counted. It can be important!