Rule 6.Computing and extending time.
Last amended January 1, 2018 · Last verified July 1, 2026
Full Text of Rule 6
Amendment History
Promulgated by R-16-0010, effective January 1, 2017; amended by R-17-0009, effective January 1, 2018.
Plain-English Summary
Rule 6(a) supplies the default counting method for any deadline: exclude the day of the triggering event, count forward or backward depending on whether the deadline runs after or before that event, and, for periods shorter than 11 days, skip weekends and legal holidays altogether. If the last day of a period falls on a weekend or holiday, the deadline rolls to the next day that is not.
Subdivision (b) lets a court extend a deadline for good cause, either before it expires (with or without a motion) or after it expires if the party shows excusable neglect. A narrower exception applies to certain post-trial motions — for a new trial, to alter or amend a judgment, or for relief from judgment, among others — where a court may extend the time to act for ten days after entering an order that grants the extension, but only if the moving party asks within 30 days after the original deadline (or seven days after learning of the judgment, whichever is earlier), the court finds the party did not get timely notice of the judgment, and no other party would be prejudiced.
Subdivision (c) adds five calendar days to a deadline that runs after service by mail or certain other non-personal methods, recognizing that those methods take longer to reach the recipient than personal delivery. That extra time does not apply to the clerk's own notices, minute entries, or other court-generated documents, which subdivision (d) treats as delivered on the date the clerk files them.
Frequently Asked Questions
How do you count a deadline that runs less than 11 days?
Exclude the day of the triggering event and skip weekends and legal holidays in between; the last day still must land on a day that is not a weekend or holiday.
Can a court extend a deadline that has already passed?
Yes, on motion, if the party shows the missed deadline was the result of excusable neglect.
Does mailing a document add extra time to respond?
Yes, five calendar days are added when service is made by mail or certain other non-personal methods.
When is a court-generated document like a minute entry treated as delivered?
On the date the clerk files it, regardless of when a party receives it in hand.