When must I serve a response to a CIT nondispositive motion?

Identify the motion and read its governing rule. Rule 7(d) applies unless another rule or court order prescribes otherwise.

Rule 7(g) includes motions for judgment on the pleadings, summary judgment, agency-record judgment, dismissal and other final determinations as dispositive. Do not classify those as ordinary nondispositive motions.

Establish effective service of the incoming motion under Rule 5. Select its actual method, including effective electronic service if a paper duplicate was also sent.

1. Establish effective service of the incoming nondispositive motion. Check its classification, governing rule and actual order.
2. Exclude the established trigger day.
3. Count 21 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.
5. 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.

Fictitious example

Fictitious nondispositive motion effectively served electronically on August 27, 2026. No separate rule or court order changes the ordinary response period. August 28–31 supplies four days. September 1–17 supplies 17. Day 21 is Thursday.

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

Dispositive motion

Rule 7(g) defines dispositive motions. Their ordinary response period is 35 days under Rule 7(d), not this 21-day period.

Another rule or order

Rule 7(d) expressly yields to another prescribed rule or court order. A show-cause or expedited order may require a shorter response. Check the actual paper and order.

Extension request

Rule 6(b) permits extensions in its stated circumstances. An extension request does not establish the requested date. Check the court’s disposition under Rule 6(c)(2).

Separate filing

Rule 7(d) requires timely service. Rule 5(d)(1)(A) separately requires filing within a reasonable time after service. The calculator does not create a fixed later filing allowance.

• This calculation does not classify a disputed motion or interpret an expedited order.
• It does not establish valid service or calculate a different period prescribed by another rule.

• Identify the incoming motion and confirm that it is nondispositive.
• Read its governing rule and any show-cause or expedited order.
• Establish effective service on the required recipient and select the actual method.
• Serve the response by the computed date only if the ordinary rule applies.
• Separately file the response and preserve service and filing confirmations.
• 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.