FRCP Rule 6 Time Computation: Counting Days, Hours, and Extensions

Federal Rule of Civil Procedure 6 governs time computation in federal civil cases: how to count the days in any deadline, what happens when the last day falls on a weekend or holiday, when filings served by mail get three extra days, and when a judge can give you more time. The counting method itself is simple. Exclude the day the clock starts, count every calendar day after that, and if the last day is a Saturday, Sunday, or legal holiday, the deadline rolls forward to the next business day.¹

Counting Days Forward

Rule 6(a)(1) starts with one instruction: do not count the triggering day. If a court enters an order on Wednesday giving you 14 days to respond, Thursday is day one, and you get the full 14 days from there. Weekends and holidays that fall in the middle of the period count normally. A 14-day deadline is exactly two weeks from the trigger date.¹

The last day gets different treatment. If it lands on a Saturday, Sunday, or legal holiday, the deadline extends to the next day that is not one of those. A 14-day window ending on a Saturday runs to Monday, or to Tuesday if Monday is itself a holiday.¹

“Legal holiday” covers the eleven federal holidays listed in Rule 6(a)(6), any day the President or Congress declares a holiday, and, for forward-counted periods only, any holiday observed in the state where the district court sits. So a state holiday that is not on the federal list will still extend a forward deadline in a federal court within that state.¹

Counting Days Backward

Some deadlines run backward from a future event, like serving a motion 14 days before a hearing. Under Rule 6(a)(5), you count backward from the event date, still excluding that trigger day and still counting every calendar day.¹

The last-day rule flips direction. If the last day of a backward-counted period falls on a Saturday, Sunday, or federal holiday, the deadline moves earlier, to the preceding business day, not later. That way the reader still gets the notice or preparation time the rule was built to protect.

State holidays do not extend backward-counted deadlines. If the last backward day falls on a state holiday that is not also federal, the filing is due that day.

Periods Measured in Hours

A period stated in hours works differently. You do not exclude the triggering event; the clock starts the moment it happens, and you count every hour straight through weekends and holidays. If the period would end on a Saturday, Sunday, or legal holiday, it runs to the same time on the next business day.¹

What Time on the Last Day the Deadline Expires

Rule 6(a)(4) sets two different cutoffs on the last day. Electronic filings through CM/ECF are due by midnight in the court’s time zone. Any non-electronic filing, such as papers hand-delivered to the clerk, must be in by the clerk’s office scheduled closing time.¹

A statute, local rule, or court order can set a different cutoff, so check the local rules of your district before relying on the midnight default. Some districts require certain filings earlier.

When the Clerk’s Office Is Inaccessible

Rule 6(a)(3) protects filers when weather, building closures, or other disruptions make filing physically impossible. The deadline extends to the first accessible day that is not a Saturday, Sunday, or legal holiday. Hour-based periods extend to the same time on the next accessible business day. In practice the court will typically announce a closure and address the effect on deadlines.¹

The Three Extra Days for Certain Service Methods

Rule 6(d) adds three calendar days to a response deadline when service was made by U.S. mail, by leaving the document with the clerk for a party who has no known address, or by other means the parties have agreed to in writing. The extra days account for the transit time.¹

Electronic service does not qualify. A 2016 amendment removed it from the list, so a party served through CM/ECF gets the base period only, with no extra days. Because most federal service now runs electronically, the three-day extension comes up less often than it once did, but it still applies to mail service and to parties who are not registered electronic filers.¹

The extension only applies to deadlines triggered by service of a document from another party. Deadlines set by a court order, or measured from the filing of a document with the court, do not get the extra three days. Mixing these two categories is one of the most common timing errors in federal practice.

Notice Periods for Motions

Rule 6(c) sets the default schedule for motion practice. A written motion and notice of hearing must be served at least 14 days before the hearing. Any supporting affidavit is served with the motion. Opposing affidavits must be served at least seven days before the hearing unless the court orders otherwise. The court can shorten these periods for good cause, and ex parte motions are exempt.¹

Getting More Time

Rule 6(b) lets you ask the court for more time, but the standard depends on when you ask.¹

Before the Deadline: Good Cause

Ask before the deadline expires and you need to show “good cause.” It is a forgiving standard. Courts routinely grant these requests when a case is complex, discovery is still open, or the parties need time to negotiate. Judges generally prefer to reach the merits rather than punish a party for needing another week.

After the Deadline: Excusable Neglect

Once the deadline passes, the standard jumps to “excusable neglect,” which is much harder to meet. In Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership, the Supreme Court identified four factors courts weigh:²

Prejudice to the opposing party from allowing the late filing.
The length of the delay and its effect on the case schedule.
The reason for the delay, distinguishing circumstances beyond the party’s control from simple carelessness. This is the most important factor.
Whether the movant acted in good faith.

Fail this test and the court denies the extension; the late filing may be disregarded. The practical rule: if you think you might need more time, ask before the deadline runs.

Deadlines Rule 6(b)(2) Does Not Let You Extend

Some deadlines are absolute. Rule 6(b)(2) forbids courts from extending the time to act under several post-trial rules, no matter what showing you make:¹

Rule 50(b) and (d), renewed motion for judgment as a matter of law after a jury trial. Due within 28 days after entry of judgment.³
Rule 52(b), motion to amend or add to findings of fact after a bench trial. Due within 28 days after entry of judgment.
Rule 59(b), (d), and (e), motion for a new trial or to alter or amend a judgment. Due within 28 days after entry of judgment.⁴
Rule 60(b), motion for relief from a final judgment based on mistake, newly discovered evidence, or fraud. Due within a reasonable time and, for those grounds, no later than one year after entry of judgment.

These deadlines protect the finality of judgments. Miss one and no showing of good cause or excusable neglect will restore it.

1
Legal Information Institute. Federal Rules of Civil Procedure Rule 6 – Computing and Extending Time; Time for Motion Papers
2
Legal Information Institute. Pioneer Investment Services Co v Brunswick Associates Ltd Partnership
3
Legal Information Institute. Federal Rules of Civil Procedure Rule 50 – Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling
4
Legal Information Institute. Federal Rules of Civil Procedure Rule 59 – New Trial; Altering or Amending a Judgment