United States · Court of International Trade
When must the CIT movant serve a dispositive-motion reply?
Unless another rule or court order prescribes otherwise, USCIT Rule 7(d) gives the movant 21 days after service of the dispositive response to serve a reply. Qualifying Rule 5 service adds five days under Rule 6(d). Rule 56.2 has a separate 28-day reply schedule.
- Period
- 21 calendar days, plus any qualifying service addition
- Trigger
- Dispositive-response-service date
- Rule
- USCIT Rule 7(d)
Amended August 21, 2026, effective August 21, 2026
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Which event starts this 21-day period?
Identify the response to the dispositive motion and confirm the movant is preparing the reply.
Establish effective service of that response under Rule 5. Do not reuse the original motion-service date or count from receipt when the rule completes service earlier.
Check the governing agency-record rule and scheduling order. Rule 56.2(d) supplies a different 28-day reply period, unless the scheduling order provides otherwise.
USCIT Rule 7(d)How are the 21 calendar days counted?
- Use effective service of the response, not service of the original motion. Exclude a different Rule 56.2 or court-ordered schedule.
- Exclude the established trigger day.
- Count 21 calendar days.
- 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.
- For qualifying Rule 5(b)(2)(C), (D) or (F) service, add five days after that otherwise computed expiration. Apply final-day rollover again. Do not merely add five to the original period.
Exclude the established trigger day. Count every following calendar day, including intermediate Saturdays, Sundays and legal holidays, under USCIT Rule 6(a)(1).
Rule 6(d) adds five days for incoming service under Rule 5(b)(2)(C) (mail), (D) (clerk delivery where no address is known) or (F) (other means consented to in writing). First compute and roll the ordinary expiration under Rule 6(a), then add five days and roll the new final day. Electronic service receives no addition, even with a duplicate paper copy.
Fictitious incoming paper served solely by Rule 5(b)(2)(C) mail on August 24, 2026. No effective electronic service, different order or additional holiday applies. The 21-day ordinary expiration is September 14. Add five days to Saturday, September 19, then continue past Sunday to September 21. The resulting date is Monday, September 21, 2026.
USCIT Rule 6(a)(1)What does a worked calculation look like?
Fictitious example
Fictitious response to an ordinary dispositive motion effectively served electronically on August 27, 2026. The movant prepares a reply and no different procedure or order controls. August 28–31 supplies four days. September 1–17 supplies 17. Day 21 is Thursday.
| Step | What is counted | Date |
|---|---|---|
| Trigger | Dispositive-response-service date | August 27, 2026 |
| Count | 21 calendar days after the trigger | September 17, 2026 |
Fictitious dates. No different order, additional declared holiday or actual clerk inaccessibility is assumed.
Try these dates in the calculatorWhich qualifications and separate procedures should I check?
- Rule 56.2 reply
- Rule 56.2(d) gives the movant 28 days after response service to file and serve a reply, unless the scheduling order provides otherwise. This Rule 7(d) calculator does not compute that period.
- Rule 56.1 procedure
- Rule 56.1(d) separately requires a reply within 21 days after response service and allows no other papers or briefs without leave. Confirm that procedure’s scope and restrictions.
- Different order
- Rule 7(d) yields to another prescribed rule or court order. Check the actual reply schedule and any granted extension.
- Separate filing
- Rule 7(d) measures reply service. Rule 5(d)(1)(A) separately requires filing within a reasonable time after service. Timely service alone does not prove filing.
- This reply calculation does not establish permission for extra papers or calculate a Rule 56.2 reply.
- It does not interpret a changed schedule or decide service validity.
What should I check before completing the required act?
Common questions
The procedure and required act
Can I count the reply from the original motion’s service?
No. Rule 7(d) starts the movant’s reply period at service of the response. The original motion starts the opponent’s separate response period.
USCIT Rule 7(d)Does a Rule 56.2 reply use this 21-day period?
No. Rule 56.2(d) provides 28 days after response service to file and serve a reply, unless the scheduling order provides otherwise. Do not substitute this ordinary Rule 7(d) date.
USCIT Rule 56.2(d)Does a computed reply date authorize more agency-record briefs?
No. Rule 56.1(d) and Rule 56.2(d) restrict other papers or briefs unless the court grants leave. A date calculation does not supply that permission.
USCIT Rule 56.1(d)Counting and filing
Does this court use every New York state holiday?
USCIT Rule 6(a)(6) lists national statutory holidays and days declared holidays by the President or Congress. It does not import the New York state holiday calendar. Check actual court access and any additional applicable declaration.
USCIT Rule 6(a)(3)–(6)Does electronic filing use my own midnight?
Rule 6(a)(4)(A) uses midnight in the court’s time zone, subject to a different statutory, local-rule or court-ordered time. Check CM/ECF instructions and the actual filing confirmation. A date calculation does not prove filing or service.
USCIT Rule 6(a)(3)–(6)What if the clerk is inaccessible on the last filing day?
Unless the court orders otherwise, Rule 6(a)(3)(A) extends the day-based filing period to the first accessible day that is not a weekend or legal holiday. Check actual notices. The calculator does not infer a closure or CM/ECF outage.
USCIT Rule 6(a)(3)–(6)Does mailed notice add five days to this period?
Rule 6(d) adds five days for incoming service under Rule 5(b)(2)(C) (mail), (D) (clerk delivery where no address is known) or (F) (other means consented to in writing). First compute and roll the ordinary expiration under Rule 6(a), then add five days and roll the new final day. Electronic service receives no addition, even with a duplicate paper copy.
USCIT Rule 6(d)Which date counts as service of the incoming paper?
Rule 5(b)(1) ordinarily requires service on the represented party’s attorney. Rule 5(b)(2)(C) completes mail service on mailing. Electronic service under (E) completes on filing or sending, but is ineffective if the sender learns it did not reach the recipient. Method (F) requires written consent and delivery to the designated delivery agency. Establish the effective event, not an assumed receipt date.
USCIT Rule 5(b)(1) and (2)Does a mailed duplicate of an electronically served paper add five days?
No. The practice comment to Rule 6(d) states that the addition does not apply to electronically served documents even when also delivered by another method. Choose electronic service when effective electronic service occurred. Hand and office-or-home delivery under Rule 5(b)(2)(A) and (B) also receive no addition.
USCIT Rule 6(d)Official sources and review
Provisions used (14)
| Provision | Purpose |
|---|---|
| USCIT Rule 7(d) | Procedure-specific period, trigger and required act |
| USCIT Rule 7(g) | Dispositive-motion classification |
| USCIT Rule 56.1(d) | Distinct agency-record response and reply periods |
| USCIT Rule 56.2(d) | Section 1581(c) agency-record schedule replacing the generic motion periods |
| USCIT Rule 5(b) | Required recipient and effective service events for the incoming paper |
| USCIT Rule 5(b)(2)(E) and (F) | Required recipient and effective service events for the incoming paper |
| USCIT Rule 6(a)(1) | Exclude the trigger day and count intermediate calendar days |
| USCIT Rule 6(a)(3)–(6) | Actual inaccessibility, filing cutoff and national holiday definition |
| USCIT Rule 6(b) and (c) | Extension grounds, excluded procedures and extension-motion requirements |
| USCIT Rule 6(d) | Five-day addition for qualifying incoming Rule 5 service |
| USCIT Rule 5(d)(1) | Separate filing within a reasonable time after required service |
| USCIT Rule 5(d)(3) | Represented and unrepresented electronic-filing requirements |
| USCIT Rule 5(d)(4) and (e) | Filing receipt and the conditional certified-or-registered-mail exception |
| USCIT Rule 82(a) | Ordinary clerk opening and scheduled closing hours |