2-10:  Notices: 3 ADDITIONAL DAYS TO ACT: Discovery Requests: LBR 9013-1(o):  OSC re Contempt

Often, a party in a bankruptcy case or adversary proceeding delivers a notice that another party must or may take an action by a specific deadline.   The method of delivery of the notice determines if  the receiving party is allowed 3 additional days after a normal deadline to respond or take the required action.  See FRBP 9006(f) and See link below to the TCG Supplement. 

1. Notice Delivered Electronically -- The deadline stated in the notice is the effective deadline.
2. Notice Delivered in Person -- The deadline stated in the notice is the effective deadline.
3. Notice Delivered by Mail -- The recipient is allowed 3 additional days, after the date stated in the notice, to respond or take the required action.
4. Notice Delivered by Leaving it With the Clerk of Court -- The recipient is allowed 3 additional days, after the date stated in the notice, to respond or take the required action.
5. Notice Delivered by Other Method Consented To -- The recipient is allowed 3 additional days, after the date stated in the notice, to respond or take the required action.

See LBR 9013-1(o) and the attached forms that apply when LBR 9013-1(o) is utilized:

• Notice of Opportunity to Request a Hearing -- See link below
• Declaration That No Party Requested a Hearing -- See link below

See LBR 3015-1(w); many requests in chapter 13 cases invoke the procedure to give parties notice of the opportunity to request a hearing.

See LBR 9020-1 which applies when a party files a Motion for Issuance of an Order to Show Cause re Contempt. LBR 9020-1(b) allows an opposing party 7 days to file an opposition to the motion.  FRBP 9006(f) applies to the notice of motion; thus, the notice of must include language allowing 3 additional days to respond to the motion.  

Discovery requests that ask for a party to provide written responses must include language allowing 3 additional days to respond.