Rule 9006. Computing and Extending Time
(a) Computing Time. The following rules apply in computing any time period specified in these rules, in the Federal Rules of Civil Procedure, 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:
(2) Period Stated in Hours. When the period is stated in hours:
(B) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and
(3) Inaccessibility of Clerk’s Office. Unless the court orders otherwise, if the clerk’s office is inaccessible:
(A) on the last day for filing under Rule 9006 (a)(1), then the time for filing is extended to the first accessible day that is not a Saturday, Sunday, or legal holiday; or
(4) “Last Day” Defined. Unless a different time is set by a statute, local rule, or order in the case, the last day ends:
(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, Veterans’ Day, Thanksgiving Day, or Christmas Day;
(1) In General. Except as provided in paragraphs (2) and (3) of this subdivision, when an act is required or allowed to be done at or within a specified period by these rules or by a notice given thereunder or by order of court, the court for cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if the request therefor is made before the expiration of the period originally prescribed or as extended by a previous order or (2) on 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.
(2) Enlargement Not Permitted. The court may not enlarge the time for taking action under Rules 1007 (d), 2003 (a) and (d), 7052, 9023, and 9024.
(3) Enlargement Governed By Other Rules. The court may enlarge the time for taking action under Rules 1006 (b)(2), 1017 (e), 3002 (c), 4003 (b), 4004 (a), 4007 (c), 4008 (a), 8002, and 9033, only to the extent and under the conditions stated in those rules. In addition, the court may enlarge the time to file the statement required under Rule 1007 (b)(7), and to file schedules and statements in a small business case under § 1116(3) of the Code, only to the extent and under the conditions stated in Rule 1007 (c).
(1) In General. Except as provided in paragraph (2) of this subdivision, when an act is required or allowed to be done at or within a specified time by these rules or by a notice given thereunder or by order of court, the court for cause shown may in its discretion with or without motion or notice order the period reduced.
(2) Reduction Not Permitted. The court may not reduce the time for taking action under Rules 2002 (a)(7), 2003 (a), 3002 (c), 3014, 3015, 4001 (b)(2), (c)(2), 4003 (a), 4004 (a), 4007 (c), 4008 (a), 8002, and 9033 (b). In addition, the court may not reduce the time under Rule 1007 (c) to file the statement required by Rule 1007 (b)(7).
(d) For Motions—Affidavits. A written motion, other than one which may be heard ex parte, and notice of any hearing shall be served not later than seven days before the time specified for such 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 9023, opposing affidavits may be served not later than one day before the hearing, unless the court permits them to be served at some other time.
(e) Time of Service. Service of process and service of any paper other than process or of notice by mail is complete on mailing.
(f) Additional Time After Service by Mail or Under Rule 5(b)(2)(D), (E), or (F) F.R.Civ.P. When there is a right or requirement to act or undertake some proceedings within a prescribed period after service and that service is by mail or under Rule 5 (b)(2)(D), (E), or (F) F.R.Civ.P., three days are added after the prescribed period would otherwise expire under Rule 9006 (a).
LII has no control over and does not endorse any external Internet site that contains links to or references LII.