Local Rule Rule 6.1: Time Limits

Rule 6.1. Time Limits

(a) Legal Holidays. As used in Federal Rules of Civil Procedure 6(a) and 77(c) "legal holiday" includes, in addition to the days set forth in those Rules, any other day on which both divisions of the District Court of the Virgin Islands are closed.

(b) Time Periods. The following time periods for filing motions, responses and replies shall apply:

(1) Deadline for filing motions.

(i) Motions filed pursuant to Federal Rules of Civil Procedure 12 and 56. Motions filed pursuant to Rules 12 and 56 shall be filed within the deadlines set by the Federal Rules of Civil Procedure or as set forth by Court Order for the particular case.

(ii) Motions for Reconsideration under Local Rule 7.3. Motions for reconsideration shall be filed within 14 days after the entry of the applicable order or decision unless the time is extended by the Court. Extension will only be granted for good cause shown.

(iii) Motions in Limine. All motions in limine shall be filed no later than 28 days before the day scheduled for jury selection, or at such time as the Court may direct, absent good cause shown in a timely written motion to file out of time.

(2) Deadline for Responses and Replies. Except as provided in LRCi 6.1(b)(3) or otherwise provided by order of Court, a party shall file a response within 14 days after service of a motion. A party shall file a reply, if any, within seven days after service of the response. The Court may specify a shorter period of time or, on motion, grant additional time.

(3) Exceptions to Deadlines for Responses and Replies

(i) Motions filed pursuant to Federal Rule of Civil Procedure 12. A party responding to a Rule 12 motion shall file the response (and other supporting documents as appropriate) within 21 days of the filing of the motion; any reply shall be filed within 14 days of the filing of a response.

(ii) Motions for summary judgment filed pursuant to Federal Rule of Civil Procedure 56. A party responding to a Rule 56 motion may file a response, affidavits, and other supporting documents within 21 days of the filing of the motion; any reply shall be filed within 14 days of the filing of a response.

(iii) Motions for reconsideration under Local Rule 7.3. A party responding to a motion for reconsideration may file a response within 14 days after service of the motion. Any reply shall be filed within seven days of the filing of a response.

(iv) Motions in Limine. A party responding to a motion in limine shall file a response within seven days of the filing of the motion; any reply shall be filed within seven days of the filing of the response.

(4) Nothing herein shall prohibit the Court from ruling without a response or reply when deemed appropriate.

(5) No party may amend the deadlines for the filing of answers, motions, or responses thereto if the Court has issued an order setting such deadlines. In the absence of such an order, and except in the case of motions in limine, a party may seek an extension from the other party of the deadline otherwise prescribed in this Rule. When a party requests an extension of time from the other party, the parties shall first make a good faith effort to negotiate a reasonable extension which shall not exceed 30 days from the deadline otherwise prescribed in this Rule. Only one such extension for the motion, response, or reply in question is permitted. The party seeking the extension must file notice of any such negotiated extension before the filing date prescribed in this Rule. If the parties cannot agree, the party seeking an extension may apply to the Court. If the Court grants the application, the parties may not thereafter alter the deadlines set by the Court without leave of the Court.