Rule 6 — Computing and Extending Time; Time for Motion Papers

Fed. R. Civ. P. 6

• Source: Federal Rules of Civil Procedure
• Rule: 6
• TITLE II: COMMENCING AN ACTION; SERVICE OF PROCESS,
• Citation: Fed. R. Civ. P. 6

Text

(a) COMPUTING TIME. The following rules apply in computing any
time period specified in these rules, in any local rule or court
order, or in any statute that does not specify a method of comput-
ing time.
(1) Period Stated in Days or a Longer Unit. When the period is
stated in days or a longer unit of time:
(A) exclude the day of the event that triggers the period;
(B) count every day, including intermediate Saturdays,
Sundays, and legal holidays; and

(C) include the last day of the period, but if the last day
is a Saturday, Sunday, or legal holiday, the period con-
tinues to run until the end of the next day that is not a
Saturday, Sunday, or legal holiday.
(2) Period Stated in Hours. When the period is stated in hours:
(A) begin counting immediately on the occurrence of the
event that triggers the period;
(B) count every hour, including hours during intermedi-
ate Saturdays, Sundays, and legal holidays; and
(C) if the period would end on a Saturday, Sunday, or
legal holiday, the period continues to run until the same
time on the next day that is not a Saturday, Sunday, or
legal holiday.
(3) Inaccessibility of the Clerk’s Office. Unless the court orders
otherwise, if the clerk’s office is inaccessible:
(A) on the last day for filing under Rule 6(a)(1), then the
time for filing is extended to the first accessible day that
is not a Saturday, Sunday, or legal holiday; or
(B) during the last hour for filing under Rule 6(a)(2), then
the time for filing is extended to the same time on the
first accessible day that is not a Saturday, Sunday, or
legal holiday.
(4) ‘‘Last Day’’ Defined. Unless a different time is set by a
statute, local rule, or court order, the last day ends:
(A) for electronic filing, at midnight in the court’s time
zone; and
(B) for filing by other means, when the clerk’s office is
scheduled to close.
(5) ‘‘Next Day’’ Defined. The ‘‘next day’’ is determined by
continuing to count forward when the period is measured after
an event and backward when measured before an event.
(6) ‘‘Legal Holiday’’ Defined. ‘‘Legal holiday’’ means:
(A) the day set aside by statute for observing New Year’s
Day, Martin Luther King Jr.’s Birthday, Washington’s
Birthday, Memorial Day, Juneteenth National Independ-
ence Day, Independence Day, Labor Day, Columbus Day,
Veterans’ Day, Thanksgiving Day, or Christmas Day;
(B) any day declared a holiday by the President or Con-
gress; and
(C) for periods that are measured after an event, any
other day declared a holiday by the state where the dis-
trict court is located.
(b) EXTENDINGTIME.
(1) In General. When an act may or must be done within a
specified time, the court may, for good cause, extend the time:
(A) with or without motion or notice if the court acts,
or if a request is made, before the original time or its ex-
tension expires; or
(B) on motion made after the time has expired if the
party failed to act because of excusable neglect.
(2) Exceptions. A court must not extend the time to act under
Rules 50(b) and (d), 52(b), 59(b), (d), and (e), and 60(b).
(c) MOTIONS, NOTICESOFHEARING, ANDAFFIDAVITS.
(1) In General. A written motion and notice of the hearing
must be served at least 14 days before the time specified for
the hearing, with the following exceptions:

(A) when the motion may be heard ex parte;
(B) when these rules set a different time; or
(C) when a court order—which a party may, for good
cause, apply for ex parte—sets a different time.
(2) Supporting Affidavit. Any affidavit supporting a motion
must be served with the motion. Except as Rule 59(c) provides
otherwise, any opposing affidavit must be served at least 7
days before the hearing, unless the court permits service at
another time.
(d) ADDITIONAL TIME AFTER CERTAIN KINDS OF SERVICE. When a
party may or must act within a specified time after being served
and service is made under Rule 5(b)(2)(C) (mail), (D) (leaving with
the clerk), or (F) (other means consented to), 3 days are added
after the period would otherwise expire under Rule 6(a).

Advisory Committee Notes

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Jan. 21, 1963, eff. July 1, 1963; Feb. 28, 1966, eff. July 1, 1966; Dec. 4, 1967, eff. July 1, 1968; Mar. 1, 1971, eff. July 1, 1971; Apr. 28, 1983, eff. Aug. 1, 1983; Apr. 29, 1985, eff. Aug. 1, 1985; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 26, 1999, eff. Dec. 1, 1999; Apr. 23, 2001, eff. Dec. 1, 2001; Apr. 25, 2005, eff. Dec. 1, 2005; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 28, 2016, eff. Dec. 1, 2016; Apr. 24, 2023, eff. Dec. 1, 2023.)