When must a party submit a competing agency enforcement judgment?

Under FRAP 19, a party disagreeing with the agency’s proposed judgment must within ten days file a conforming competing proposal with the clerk and serve the agency. Establish the agency proposal and actual filing and service events. Rule 26(c) can affect a service-based period when its conditions apply. This guide does not compute a date from one generic input.

Responsible actor. The party disagreeing with the agency’s proposed judgment in the partial-enforcement procedure.

Read the opinion directing partial enforcement and identify the agency’s actual proposed judgment.

Preserve the agency proposal’s filing and complete service evidence, including electronic service or actual delivery.

Determine the controlling starting event and whether the service-based addition applies before counting.

Use this guide for the FRAP 19 competing proposal after an opinion directs partial enforcement of an agency order. This is not an answer to the original enforcement application or a general petition for agency review.

1. Identify the actual Rule 19 partial-enforcement procedure and agency proposal.
2. Establish filing, service and delivery facts.
3. Apply the ten-day procedure and any qualifying Rule 26(c) addition in sequence.
4. File the competing proposal, serve the agency and preserve proof; verify later court settlement separately.

FRAP 26(a) excludes the established trigger day, counts all intermediate calendar days and carries a final weekend or legal holiday forward. When Rule 26(c) applies, add three days after the base period otherwise expires under Rule 26(a), rather than assuming three days from service or adding them to every electronic delivery. Apply final-day treatment to the added period.

FRAP 26(a)(6) includes national and additional declared holidays, with the applicable circuit-state holiday for a forward period. Confirm actual clerk access and any order. This guide does not resolve disputed service or a circuit’s case-specific instructions.

The ten-day value alone does not establish the controlling agency proposal, effective service, delivery facts or a possible Rule 26(c) addition. The current preset does not collect those facts or apply that service branch. This page provides no computed date or paid calculation.

The agency has a different fourteen-day act

Rule 19 first requires the agency to file and serve its proposed judgment within fourteen days after the court files the partial-enforcement opinion. That opinion-based agency act differs from the party’s competing proposal.

Service addition is conditional

Rule 26(c) applies when an act is due within a specified time after service and the paper was neither electronically served nor delivered on the proof-of-service date. Establish those facts; electronic service alone does not earn three extra days.

Settlement belongs to the court

Rule 19 directs the court to settle the judgment and direct entry without further hearing or argument. The party’s proposal does not establish the date or content of the court’s completed judgment.

Review the actual scope and order

Rule 20 applies appellate rules to agency review and enforcement with stated exclusions. Check actual directions and the specific agency proceeding. This guide does not establish statutory review jurisdiction or an original petition period.

• Use this guide for the FRAP 19 competing proposal after an opinion directs partial enforcement of an agency order. This is not an answer to the original enforcement application or a general petition for agency review.
• The ten-day value alone does not establish the controlling agency proposal, effective service, delivery facts or a possible Rule 26(c) addition. The current preset does not collect those facts or apply that service branch. This page provides no computed date or paid calculation.

• Identify the partial-enforcement opinion and the agency’s proposal.
• Preserve filing, service, delivery and proof-of-service records.
• Establish whether Rule 26(c) actually applies.
• Draft a proposal conforming to the opinion.
• File with the circuit clerk and separately serve the agency.
• Verify the court’s actual settlement and entry separately.
• File the competing proposed judgment with the circuit clerk and separately serve the agency. Electronic filing uses the circuit clerk’s principal-office time zone under FRAP 26(a)(4)(B); ordinary paper filing uses scheduled clerk closing and timely receipt. Rule 19 says the court settles the judgment and directs entry without further hearing or argument. A proposal is not proof that the court entered that judgment.