When must I file opposing affidavits on a CIT new-trial motion?

Confirm that the new-trial or rehearing motion is based on affidavits. Rule 59(c) requires those supporting affidavits to be filed with the motion.

Establish effective service of the motion and supporting affidavits. If papers were served separately or service is disputed, determine the controlling service event instead of assuming one combined date.

Identify the opposing party’s affidavit-filing act. Judgment or order entry starts the separate Rule 59(b) motion period, not this service-based period.

1. Establish effective service of the new-trial or rehearing motion and its supporting affidavits. Do not substitute judgment entry.
2. Exclude the established trigger day.
3. Count 14 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. Fourteen days after August 24 reaches Labor Day, September 7. The ordinary expiration rolls to September 8. Add five days to September 13, a Sunday, then roll to September 14. The resulting date is Monday, September 14, 2026.

Fictitious example

Fictitious affidavit-based new-trial motion and supporting affidavits effectively served electronically on August 25, 2026. No different order or additional closure changes the opposing-affidavit period. August 26–31 supplies six days. September 1–8 supplies eight. Day 14 is Tuesday.

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

Supporting affidavits

Rule 59(c) requires supporting affidavits to be filed with the motion. The opposing party’s 14 days do not create a later deadline for those supporting affidavits.

New-trial motion

Rule 59(b) separately requires service and filing of the motion within 30 days after judgment or order entry. That entry-based procedure has its own page.

Reply affidavits

The court may permit reply affidavits under Rule 59(c). The calculator does not presume permission or invent a fixed reply-affidavit period.

Extensions

Rule 6(b)(2) lists Rule 59(b), (d) and (e), but not Rule 59(c). Any opposing-affidavit extension still requires the applicable Rule 6(b) grounds and court action. A request alone does not grant more time.

• This calculation does not establish grounds for a new trial or permission to submit reply affidavits.
• It does not decide disputed or separated service events, actual clerk inaccessibility or a granted extension.

• Confirm the motion relies on supporting affidavits.
• Identify effective service of the motion and supporting affidavits.
• Choose the incoming paper’s effective Rule 5 method.
• Check the actual opposing-affidavit order and any extension disposition.
• File opposing affidavits timely and separately satisfy service requirements.
• 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.