OCAHO Practice Manual ch. 3.4
EOIR
(a) Generally
In computing any period of time under the Office of the Chief Administrative Hearing Officer’s (OCAHO’s) rules or in an order issued by the Administrative Law Judge (ALJ) or the Chief Administrative Hearing Officer (CAHO), the first day is the day following the act or event and includes the last day of the period.
- If the last day of the period is a Saturday, Sunday, or federal holiday, the time period includes the next business day.
- When the period of time prescribed is 7 days or less, intermediate Saturdays, Sundays, and federal holidays will be excluded from the computation.
(b) Computation of Time for Filing with OCAHO
Pleadings are not deemed filed until received by OCAHO.
(c) Computation of Time for Service
When service of pleadings (other than the complaint) is accomplished by mail, service is deemed effective at the time of mailing.
When service of pleadings is accomplished by electronic filing through OCAHO’s electronic filing application, service is deemed effective at the time that the electronic filing application provides a notification to all parties of the electronically filed pleading.
If a party must take some action within a prescribed period after the service of a document (other than a complaint or a subpoena), and the document is served by ordinary mail, 5 days will be added to the prescribed period. This 5-day additional response period does not apply if a compliance date is otherwise specified by the CAHO or the ALJ.
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