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Rule 6.Computing and Extending Time; Time for Motion Papers

Enacted effective October 1, 2011 · Last verified June 26, 2026

In one sentenceRule 6 sets the method for counting the deadlines in the Montana Rules—excluding the triggering day, counting weekends and holidays, and rolling forward when a deadline lands on a weekend or holiday—and explains when a court may extend time.

Full Text of Rule 6

Text sizeJump to: (a) (b) (c) (d)

(a) Computing Time. The following rules apply in computing any time period specified in these rules, 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:
(A) exclude the day of the event that triggers the period;
(B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and
(C) include the last day of the period, 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, Sunday, or legal holiday.
(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 Clerk’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 Saturday, Sunday, or legal holiday.
(4) “Last Day” Defined. Unless a different time is set by a statute 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, Martin Luther King, Jr. Day, Lincoln’s and Washington’s Birthdays, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, Christmas Day, or state general election day;
(B) any day declared a holiday by the President of the United States or by the Governor of this state; and
(C) for periods that are measured after an event, any other day declared a holiday by the state.
(b) Extending Time.
(1) In General. When an act may or must be done within a specified time, the court may, for good cause, extend the time:
(A) with or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires; or
(B) on motion made after the time has expired if the party failed to act because of excusable neglect.
(2) Exceptions. The court must not extend the time to act under Rules 50(b) and (d), 52(b), 59(b), (d), and (e), and 60(b).
(c) Motions, Notices of Hearing, and Affidavits.
(1) In General. A written motion and notice of the hearing must be served at least 14 days before the time specified for any hearing, with 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 good cause, apply for ex parte -- sets a different time.
(2) Supporting Affidavit. Any affidavit supporting a motion must be served with the motion. Except as Rule 59(c) provides otherwise, any opposing affidavit must be served at least 7 days before the hearing, unless the court permits service at another time.
(d) Additional Time after Certain Kinds of Service. When a party may or must act within a specified time after service and service is made under Rule 5(b)(2)(C), (D), or (E), or (F), 3 days are added after the period would otherwise expire under Rule 6(a).

Plain-English Summary

Rule 6 is the rulebook for counting deadlines. Whenever another rule, a court order, or a statute gives you a time limit without saying how to count it, Rule 6 fills the gap.

The basic method for day-based deadlines is simple once you know the three steps: do not count the day the clock started, then count every day after that—weekends and holidays included, and if the last day falls on a Saturday, Sunday, or legal holiday, roll forward to the next day that is not one of those. Hour-based deadlines are counted straight through, with a similar roll-forward if they would end on a weekend or holiday. If the clerk's office is closed or unreachable on the last day, the deadline moves to the next accessible day.

Montana's list of "legal holidays" is worth a look, because it includes some days other states do not—Lincoln's and Washington's Birthdays and state general election day among them—and it picks up any holiday the President or the Governor declares.

Subdivision (b) lets a court extend a deadline. Before the deadline runs, a judge can grant more time for good cause, sometimes without a motion. After it has already passed, you need a motion and must show excusable neglect. A handful of post-trial deadlines—under Rules 50, 52, 59, and 60—cannot be extended at all. Finally, subdivision (c) sets the 14-day notice period for motion hearings, and subdivision (d) adds 3 days to your response time when you were served by certain means.

Frequently Asked Questions

Do I count weekends and holidays when figuring a deadline?

Yes—count every intervening day, including Saturdays, Sundays, and legal holidays. The one exception is the last day: if it falls on a weekend or legal holiday, the deadline rolls to the next day that is not.

Do I count the day the deadline was triggered?

No. You exclude the day of the event that starts the clock and begin counting the next day.

What happens if my deadline lands on a holiday or weekend?

The period keeps running until the end of the next day that is not a Saturday, Sunday, or legal holiday.

Can a court give me more time?

Yes. Before the deadline expires, a court may extend it for good cause. After it expires, you must move for an extension and show excusable neglect. Certain post-trial deadlines under Rules 50(b) and (d), 52(b), 59(b), (d), and (e), and 60(b) cannot be extended.

When do I get 3 extra days to respond?

When the deadline runs from service and you were served by one of the methods listed in Rule 5(b)(2)(C)–(F), 3 days are added after the period would otherwise end.

How far in advance must a motion hearing be noticed?

A written motion and notice of hearing must be served at least 14 days before the hearing, unless the motion can be heard ex parte, another rule sets a different time, or the court orders otherwise.

Source & verification. Reproduced verbatim from the Montana Code Annotated as published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption. Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. · Official text