Rule 6.Computing time

Group II: Commencement of Action; Service of Process, Pleadings, Motions and Orders · Last amended September 6, 2022 · Last verified July 14, 2026

In one sentenceRule 6 tells parties and courts how to count any time period the rules, a court order, or an unspecified statute set, and when a court may extend a deadline or must not.

Full Text of Rule 6

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

(a) Computing Time. The following rules apply in computing any time period specified in these rules, in any court order, or in any applicable 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 email and 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. A “legal holiday” means:

(A) any day declared a holiday by the President or Congress of the United States; and

(B) any day declared a holiday by the State of Vermont.

(7) “Business Day” Defined. A “business day” is a day that is not a Saturday, Sunday, or legal holiday.

(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 (c)(2), 52(b), 59(b), (d) and (e), 60(b), and 80.1(m).

(c) Unaffected by Expiration of Term. The period of time provided for the doing of any act or the taking of any proceeding is not affected or limited by the continued existence or expiration of a term of court. The continued existence or expiration of a term of court in no way affects the power of a court to do any act or take any proceeding in any civil action which has been pending before it.

(d) Affidavits on Motions. When a motion is supported by affidavit, the affidavit shall be served with the motion; and, except as otherwise provided in Rules 56(b) and 59(c) opposing affidavits may be served not later than 7 days before the hearing, unless the court permits them to be served at some other time.

(e) [Deleted.]

End

Amendment History

Amended Dec. 11, 1980, eff. Feb. 2, 1981; Oct. 21, 1983, eff. Jan. 1, 1984; Jan. 9, 1985, eff. Mar. 15, 1985; Nov. 25, 1986, eff. Mar. 1, 1987; Nov. 9, 1987, eff. Mar. 1, 1988; Nov. 4, 1994, eff. Mar. 1, 1995; June 27, 1995, eff. Sept. 1, 1995; Oct. 11, 2006, eff. Dec. 11, 2006; Aug. 17, 2010, eff. Oct. 1, 2010; Aug. 30, 2011, eff. Oct. 31, 2011; Sept. 20, 2017, eff. Jan. 1, 2018; May 9, 2022, eff. Sept. 6, 2022.

Plain-English Summary

Rule 6(a) supplies a uniform counting method. For a period stated in days or longer, exclude the triggering day, count every day including weekends and holidays, and, if the last day lands on a weekend or holiday, roll forward to the next day that is not one. A period stated in hours runs the same way, counted from the triggering event, with a similar roll-forward if the deadline would otherwise land during a weekend or holiday. If the clerk's office is inaccessible on the deadline day, the time extends to the next accessible day that is not a weekend or holiday. The rule also fixes when a "last day" ends: midnight in the court's time zone for an email or electronic filing, and whenever the clerk's office is scheduled to close for any other filing method.

Rule 6(b) gives courts room to extend deadlines for good cause, whether or not anyone has asked before the original period runs out, and even afterward if the party missed the deadline through excusable neglect. That flexibility has limits: a court cannot extend the time to act on motions under several rules governing post-trial and post-judgment relief, including Rules 50(b), 52(b), 59, and 60(b), or under Rule 80.1(m). The remaining subdivisions round out the rule -- a filing deadline is not affected by whether a term of court has ended, and an affidavit supporting a motion must be served with the motion, with an opposing affidavit due at least 7 days before the hearing unless the court sets another time.

Frequently Asked Questions

How do I count a deadline stated in days under Vermont Rule 6?

Exclude the day of the triggering event, count every day including intermediate Saturdays, Sundays, and legal holidays, and include the last day of the period -- but if the last day is a Saturday, Sunday, or legal holiday, the period runs until the end of the next day that is none of those.

What happens if a Vermont court deadline falls on a day the clerk's office is inaccessible?

Unless the court orders otherwise, the time for filing extends to the first accessible day that is not a Saturday, Sunday, or legal holiday.

Can a Vermont court extend a filing deadline after it has already passed?

Yes, on motion, if the party failed to act because of excusable neglect. Before the deadline passes, the court may also extend it for good cause with or without a motion.

Are there deadlines a Vermont court cannot extend under Rule 6?

Yes. Rule 6(b)(2) bars extending the time to act under Rules 50(b) and (c)(2), 52(b), 59(b), (d) and (e), 60(b), and 80.1(m).

When does the last day of a Vermont filing deadline end?

At midnight in the court's time zone for email and electronic filing, and whenever the clerk's office is scheduled to close for filing by other means.

Source & verification. Rule text, official Reporter's Notes, and amendment history are reproduced verbatim from the Vermont Rules of Civil Procedure, adopted by the Vermont Supreme Court. Last verified July 14, 2026. · Official source

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