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Fed. R. Civ. P. 87

Civil Rules Emergency

activein force · 2024-12-01 – presentact-effective-date

(a) C ONDITIONS 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:

(A) must designate the court or courts affected;

(B) adopts all the emergency rules in Rule 87(c) unless it

excepts one or more of them; and

102 Rule 87 FEDERAL RULES OF CIVIL PROCEDURE

(C) must 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 (j)(2), and for serving

a minor or 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.

(As added Apr. 24, 2023, eff. Dec. 1, 2023.)

(103)

APPENDIX OF FORMS

[Abrogated (Apr. 29, 2015, eff. Dec. 1, 2015).]

104 Rule A FEDERAL RULES OF CIVIL PROCEDURE

1 Title amended April 12, 2006, effective December 1, 2006.

Provenance

Source
uscourts.gov
Retrieved
2026-09-14
Edition
2026-08-19
Content hash
82d648d73eae0b84903f25a235b956881ccf3c9c84c87bbd0efb68e6bec887ca
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Fed. R. Civ. P. 87 — Civil Rules Emergency · binding.law