§ 802.221 - Computation of time.

§ 802.221 Computation of time.

Cross Reference

Link to an amendment published at 89 FR 8536, Feb. 8, 2024.

(a) In computing any period of time prescribed or allowed by these rules, by direction of the Board, or by any applicable statute which does not provide otherwise, the day from which the designated period of time begins to run shall must not be included. The last day of the period so computed shall must be included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday.

(b) Whenever a paper is served on the Board or on any party by mail, For nonelectronic documents, the time period computed under paragraph (a) of this section will be deemed complied with if if—

(1) When sent by mail, the envelope containing the

paper

document is postmarked by the U.S. Postal Service within the time period allowed

, computed as in paragraph (a) of this section

. If there is no such postmark, or it is not legible, other evidence

,

such as, but not limited to, certified mail receipts,

certificate

certificates of service, and affidavits, may be used to establish the mailing date.

(2) When sent by commercial carrier, the receipt or tracking information demonstrates that the paper was delivered to the carrier within the time period allowed.

(c) For electronic filings made through the Board's case management system, paragraph (a) of this section will be deemed to be met if the document is electronically filed within the time period allowed. A document is deemed filed as of the date and time the Board's electronic case management system records its receipt, even if transmitted outside of the Board's business hours set forth in § 801.304 of this chapter. To be considered timely, an e-filed pleading must be filed by 11:59:59 p.m. Eastern Time on the due date.

(d) A waiver of the time limitations for filing a paper, other than a notice of appeal, may be requested by proper motion filed in accordance with §§ 802.217 and 802.219.

[89 FR 8536, Feb. 8, 2024]