On December 1, 2009, Rule 6(a) of the Federal Rules of Civil Procedure (FRCP) changed dramatically. Specifically, Rule 6(a)(2)—which provided that in computing periods of time that were less than eleven days, one should exclude intermediate Saturdays, Sundays, and legal holidays—was repealed. In its stead is a new Rule 6(a)(1), under which all days are counted for any time period, regardless of length.

In this Aside, I express my fondness for old Rule 6(a)(2) and bid it a fond farewell. Former Rule 6(a)(2) was responsible for the intriguing conundrums and clever arguments that made me proud to be a lawyer. New Rule 6(a) is a drab, ordinary provision that lacks the same potential for excitement. Moreover, the replacement of old Rule 6(a) with new Rule 6(a) is the product of a group of people who thought that counting what the rest of society might call “business days” was too complicated a task for lawyers. While it was indeed too complicated for them, I submit that attorneys of normal intelligence were having no problem at all. Indeed, they were having fun.

Counting the Days Gone By: A Eulogy for Former Rule 6(A)(2)