(a) Computation. In computing any period of time prescribed or allowed by these rules, by the local rules of any district court, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, or, when the act to be done is the filing of a paper in court, a day on which weather or other conditions have made the office of the clerk of the district court inaccessible, in which event the period runs until the end of the next day which is not one of the aforementioned days. When the period of time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in this rule and in Rule 77(c), ‘‘legal holiday’’ includes New Year’s Day, Birthday of Martin Luther King, Jr., Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day appointed as a holiday by the President or the Congress of the United States, or by the state in which the district court is held.
(b) Enlargement. When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect; but it may not extend the time for taking any action under Rules 50(b) and (c)(2), 52(b), 59(b), (d) and (e), and 60(b), except to the extent and under the conditions stated in them. [(c) Unaffected by Expiration of Term.] (Rescinded Feb. 28, 1966, eff. July 1, 1966)
(d) For Motions —Affidavits. A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than 5 days before the time specified for the hearing, unless a different period is fixed by these rules or by order of the court. Such an order may for cause shown be made on ex parte application. When a motion is supported by affidavit, the affidavit shall be served with the motion; and, except as otherwise provided in Rule 59(c), opposing affidavits may be served not later than 1 day before the hearing, unless the court permits them to be served at some other time.
(e) Additional Time After Certain Kinds of Service. Whenever a party must or may act within a prescribed period after service and service is made under Rule 5(b)(2)(B), (C), or (D), 3 days are added after the prescribed period would otherwise expire under subdivision (a).
(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.)
III. PLEADINGS AND MOTIONS
added in current removed in current
Compared to current version (2025).
(a) Computation. Iing Time. The following rules apply in computing any time period of time prescribed or allowspecified byin these rules, by thein any local rules of any districtr court, by order of court, or byin any applicable statute, the dstatute that does not specify a method of computing time.
(1) Period Stated in Days of the act, event, or default from which the designated period of time begins to run shall not ber 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) included. T the last day of the period so computed shall be included, unless i, 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, a Sunday, or a legal holiday, or, when the act to be done is the filing of a paper in court, a day on which weather or other conditions have made the office.
(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 cClerk of the district court inaccessible, in which event the period runs until the end of the next day which is not one of the aforementioned days. When the period of time prescribed or allowed is less than 11 days, intermediate’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 Saturdays, Sundays, andor legal holidays shall be excluded in the computation. As used in this rule and in Rule 77(c), ‘‘legal holiday’’ includes.
(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, Birthday of Martin Luther King, Jr.’s Birthday, Washington’s Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, or Christmas Day, and any other day appoint;
(B) any day declared as a holiday by the President or the Congress of the United States, or; and
(C) for periods that are measured after an event, any other day declared a holiday by the state in whichwhere the district court is hellocated.
(b) Enlargement. When by these rules or by a notice given thereunder or by order of court an act is required or allowed toxtending Time.
(1) In General. When an act may or must be done at or within a specified time, the court for cause shown may at any time in its discretion (1may, for good cause, extend the time:
(A) with or without motion or notice order the period enlargedif the court acts, or if a request therefor is made, before the expiration of the period originally prescribedoriginal time or aits extended by a previous order, or (2) upon motion made after the expiration of the specified period permit the act to be done where thesion expires; or
(B) on motion made after the time has expired if the party failured to act was the resultbecause of excusable neglect; but it may.
(2) Exceptions. A court must not extend the time for taking anyto action under Rules 50(b) and (c)(2d), 52(b), 59(b), (d), and (e), and 60(b), except to the extent and under the conditions stated in them. [(c) Unaffected by Expiration of Term.] (Rescinded Feb. 28, 1966, eff. July 1, 1966).
(c) Motions, Notices of Hearing, and Affidavits.
(d1) For Motions -Affidavits. A written motion, other than one which may be heard ex parte,In General. A written motion and notice of the hearing thereof shallmust be served noat later than 5east 14 days before the time specified for the hearing, unless a different period is fixed by these rules or by order of the court. Such an orderwith 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 cause shown be made on ex parte application. When a motion is supported by agood cause, apply for ex parte-sets a different time.
(2) Supporting Affidavit, the. Any affidavit shallupporting a motion must be served with the motion; and, e. Except as otherwise provided in Rule 59(c),Rule 59(c) provides otherwise, any opposing affidavits mayust be served noat later than 1east 7 days before the hearing, unless the court permits them to be serviced at some another time.
(ed) Additional Time After Certain Kinds of Service. Whenever a party mustay or mayust act within a prescribed periodspecified time after being serviced and service is made under Rule 5(b)(2)(B), (C), or (DC) (mail), (D) (leaving with the clerk), or (F) (other means consented to), 3 days are added after the prescribed period would otherwise expire under subdivision Rule 6(a).
(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.)
Appended Forms
III. PLEADINGS AND MOTIONS; 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.)