What is the latest default date for a CIT summary-judgment motion?

Establish the close of all discovery, rather than the date of one deposition or discovery response.

Read the court’s scheduling order. Rule 56(b) expressly permits the court to set a different filing date.

A party may file before the latest default date. This calculator does not decide whether discovery or the evidentiary record is sufficient for a motion.

1. Use the close of all discovery and check the court’s scheduling order first.
2. Exclude the established trigger day.
3. Count 30 calendar days.
4. If the final day is a Saturday, Sunday or Rule 6(a)(6) legal holiday, continue to the next day that is not. The rule lists national statutory holidays and days declared holidays by the President or Congress. Check additional declarations and actual clerk inaccessibility.

Exclude the established trigger day. Count every following calendar day, including intermediate Saturdays, Sundays and legal holidays, under USCIT Rule 6(a)(1).

Use 30 days only when Rule 56(b)’s default applies. An express scheduling date requires reading the actual order, not changing the trigger to mimic that date.

Fictitious example

Fictitious close of all discovery on August 24, 2026. No court order sets another summary-judgment deadline. Exclude August 24. August 25–31 supplies seven days. September 1–23 supplies 23 more. Day 30 is Wednesday.

Fictitious dates. No different order, additional declared holiday or actual clerk inaccessibility is assumed.

Court-ordered date

Rule 56(b) begins with an exception for a court order. The calculator does not read the docket or infer an altered filing date.

Agency-record procedures

Rules 56.1 and 56.2 govern different agency-record motions. Their deadlines and scheduling orders are not replaced by Rule 56(b)’s discovery-close calculation.

Supporting factual positions

Rule 56(c) addresses support for factual positions. A timely date does not establish that the motion has the necessary record or satisfies its substantive standard.

• This page does not compute an agency-record motion or a court-ordered scheduling date.
• The latest default date does not establish entitlement to summary judgment.

• Identify a Rule 56 summary-judgment motion.
• Confirm the close of all discovery.
• Read the scheduling order for a different date.
• Prepare the motion, factual support and required accompanying papers.
• Check distinct response and reply periods.
• Rule 5(d)(3) generally requires represented persons to file electronically unless the court permits paper filing for good cause. An unrepresented person’s electronic filing requires an order.
• USCIT Rule 6(a)(4) ends electronic filing at midnight in the court’s time zone unless a statute, local rule or court order sets a different time. Other means use scheduled clerk closing. Rule 82(a) ordinarily specifies 8:30 a.m. to 5:00 p.m. clerk hours. Filing and effective service remain separate checks.
• Preserve effective service and filing evidence. Rule 5(d)(4) ordinarily uses receipt, with a specific properly addressed certified-or-registered-mail exception. Ordinary mailing alone does not satisfy that exception.