FEDERAL RULES OF CIVIL PROCEDURE
Articles II Rule 6

FEDERAL RULES OF CIVIL PROCEDURE

Federal Rules of Civil Procedure Articles II Rule 6. Time

(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) , 60(b) , and 74 (a), 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[Rescinded Feb. 28, 1966, eff.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 Service under Rule 5(b)(2)(B), (C), or (D).

Whenever a party has the right or is required to do some act or take some proceedings
within a prescribed period after the service of a notice or other paper upon the party and the
notice or paper is served upon the party under Rule 5(b)(2) (B), (C), or (D), 3 days shall be
added to the prescribed period.

Federal Rules of Civil Procedure Articles II Rule 6. Notes
 

Federal Rules of Civil Procedure Articles II Rule 4. Summons-LII
Notes: Rule 1. Scope and Purpose of Rules
Federal Civil Procedure-Volume-56-Table of Contents   
Federal Rules of Civil Procedure Articles II Rule 5. Service and Filing of Pleadings and Other Papers-LII   
Federal Rules of Civil Procedure Articles II Rule 5. Service and Filing of Pleadings and Other Papers-Notes-LII
Federal Rules of Civil Procedure Articles II Rule 6. Time-LII 

Federal Rules of Civil Procedure Articles II Rule 6. Time NOTES-LII


 

Federal Rules of Civil Procedure Articles II Rule 6. Time NOTES-LII