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

(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 computing 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 continues 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 intermediate 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, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, or Christmas Day;

(B) any day declared a holiday by the President or Congress; and

(C) for periods that are measured after an event, any other day declared a holiday by the state where the district court is located.

(b) Extending Time.

(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 extension 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, Notices of Hearing, and Affidavits.

(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 service and service is made under Rule 5(b)(2)(C), (D), (E), or (F), 3 days are added after the
period would otherwise expire under Rule 6(a).

Notes

 

Links

Federal Rules of Civil Procedure
I. SCOPE OF RULES--ONE FORM OF ACTION
1. Scope of Rules
2. One Form of Action
II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS
3. Commencing an Action
4. Summons
4.1. Serving Other Process
5. Serving and Filing Pleadings and Other Papers
5.1. Constitutional Challenge to a Statute - Notice, Certification, and Intervention
5.2. Privacy Protection For Filings Made with the Court
6. Computing and Extending Time; Time for Motion Papers
III. PLEADINGS AND MOTIONS
7. Pleadings Allowed; Form of Motions and Other Papers
7.1. Disclosure Statement
8. General Rules of Pleading
9. Pleading Special Matters
10. Form of Pleadings
11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
13. Counterclaim and Crossclaim
14. Third-Party Practice
15. Amended and Supplemental Pleadings
16. Pretrial Conferences; Scheduling; Management
IV. PARTIES
17. Plaintiff and Defendant; Capacity; Public Officers
18. Joinder of Claims
19. Required Joinder of Parties
20. Permissive Joinder of Parties
21. Misjoinder and Nonjoinder of Parties
22. Interpleader
23. Class Actions
23.1. Derivative Actions
23.2. Actions Relating to Unincorporated Associations
24. Intervention
25. Substitution of Parties
V. DEPOSITIONS AND DISCOVERY
26. Duty to Disclose; General Provisions Governing Discovery
27. Depositions to Perpetuate Testimony
28. Persons Before Whom Depositions May Be Taken
29. Stipulations Regarding Discovery Procedure
30. Deposition by Oral Examination
31. Depositions by Written Questions
32. Using Depositions in Court Proceedings
33. Interrogatories to Parties
34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
35. Physical and Mental Examinations
36. Requests for Admission
37. Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
VI. TRIALS
38. Right to a Jury Trial; Demand
39. Trial by Jury or by the Court
40. Scheduling Cases for Trial
41. Dismissal of Actions
42. Consolidation; Separate Trials
43. Taking Testimony
44. Proving an Official Record
44.1. Determining Foreign Law
45. Subpoena
46. Objecting to a Ruling or Order
47. Selection of Jurors
48. Number of Jurors: Verdict
49. Special Verdict; General Verdict and Questions
50. Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling
51. Instructions to the Jury; Objections; Preserving a Claim of Error
52. Findings and Conclusions by the Court; Judgment on Partial Findings
53. Masters
VII. JUDGMENT
54. Judgments; Costs
55. Default; Default Judgment
56. Summary Judgment
57. Declaratory Judgments
58. Entry of Judgment
59. New Trial; Altering or Amending a Judgment
60. Relief from Judgment or Order
61. Harmless Error
62. Stay of Proceedings to Enforce a Judgment
63. Judges Inability to Proceed
VIII. PROVISIONAL AND FINAL REMEDIES
64. Seizing a Person or Property
65. Injunctions and Restraining Orders
65.1 Proceedings Against a Surety
66. Receivers
67. Deposit into Court
68. Offer of Judgment
69. Execution
70. Enforcing a Judgment for a Specific Act
71. Enforcing Relief For or Against a Nonparty
IX. SPECIAL PROCEEDINGS
71.1 Condemning Real or Personal Property
72. Magistrate Judges: Pretrial Orders
73. Magistrate Judges: Trial by Consent; Appeal
74. [Abrogated]
75. [Abrogated]
76. [Abrogated]
X. DISTRICT COURTS AND CLERKS
77. Conducting Business; Clerks Authority; Notice of an Order or Judgment
78. Hearing Motions; Submission on Briefs
79. Records Kept by the Clerk
80. Stenographic Transcript as Evidence
XI. GENERAL PROVISIONS
81. Applicability of the Rules in General; Removed Actions
82. Jurisdiction and Venue Unaffected
83. Rules by District Courts; Judge's Directives
84. Forms
85. Title
86. Effective Date
XII. APPENDIX OF FORMS (U.S. Courts site)
XIII. SUPPLEMENTAL RULES FOR CERTAIN ADMIRALTY AND MARITIME CLAIMS
A. Scope of Rules
B. In Personam Actions: Attachment and Garnishment
C. Actions in Rem: Special Provisions
D. Possessory, Petitory, and Partition Actions
E. Actions in Rem and Quasi in Rem: General Provisions
F. Limitation of Liability
G. Forfeiture Actions In Rem
 
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Federal Rules of Civil Procedure
Federal Rules of Appellate Procedure
Federal Rules of Criminal Procedure
Federal Rules of Evidence
Federal Sentencing Guidelines Manual
 
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