Timing of Access Following Customer Notice
The Act gives a customer 10 days following personal service of notice
14 days following mailing of notice within which to file a court challenge
government access. These time requirements are interpreted as calendar days
except where the last day for filing falls on a weekend or court holiday in
case the filing deadline is extended to the close of business for the next
day. See Rule 6(a) of the Federal Rules of Civil Procedure and Rule 45(a)
Federal Rules of Criminal Procedure.|
Because the Act permits customers to file and serve the government by
and because the Act assumes that four days should be allowed for mail
agencies seeking access to financial records should wait an additional four
to be certain that no challenge has been filed. In effect, therefore, the
14 day delay becomes a 14 or 18 day delay with time allowed for receipt by
of the service copy of the customer's challenge papers. 12 U.S.C.
3405(3), 3407(3), and 3408(4)(B).