Rule 6.Computing and extending time

Current through January 1, 2025 · Last verified July 8, 2026

In one sentenceRule 6 sets the method for counting any deadline in the rules or a court order, lists the days courts treat as legal holidays, explains when and how deadlines can be extended, and sets specific briefing schedules for motions.

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 local rule or court, 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, exclude the day of the event that triggers the period;

(A) count every day, including intermediate Saturdays, Sundays and legal holidays; and

(B) include the last day of the period but if the last day is a Saturday, a 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 begin counting immediately on the occurrence of the event that triggers the period; count every hour, including hours during intermediate Saturdays, Sundays and legal holidays; and 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 or filing via facsimile, 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.’s Birthday, Lincoln’s Birthday, Washington’s Birthday, Memorial Day, West Virginia Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, or Christmas Day;

(B) any day on which a general, special or primary election is held in the State, or in the county in which the circuit court sits; or

(C) any day declared a holiday by the Governor or President of the United States or any other legal holiday so designated by the West Virginia Legislature.

(b) Extending time.

(1) In general. When an act may or shall be done within a specified time, all the parties to the action, by written stipulation filed with the court, may agree at any time to a different period, 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. A court shall not extend the time to act under Rules 50(b) and (d), 52(b), 59(b), (d) and (e), and 60(c).

(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) Motions, notices of hearing, and affidavits.

(1) In general. Once the parties have completed filing memoranda and responses as provided in subsection (d)(3), the circuit court shall either schedule argument or decide the motion based on the materials submitted. A written motion and notice of the hearing shall be served at least 14 days before the time specified for the hearing, with the following exceptions:

(A) When the motion may be heard ex parte;

(B) When these rules set a different time;

(C) When a court order sets a different time, which the court may do on its own or upon a motion by a party showing good cause; or

(D) When the Court sets a different schedule under Rule 16.

(2) Supporting affidavit. Any affidavit supporting a motion shall be served with the motion. Except as Rule 59(c) provides otherwise, any opposing affidavit shall be served at least 7 days before the hearing, unless the court permits service at another time.

(3) Response and reply memoranda. Memoranda and other materials in response to motions shall be filed and served on opposing counsel and unrepresented parties within 21 days of service of the motion. Any reply memoranda shall be filed and served on opposing counsel and unrepresented parties within 7 days from the date of service of the memorandum in response to the motion. Surreply memoranda may not be filed except by leave of the court. These times for serving memoranda may be modified by the judicial officer to whom the motion is addressed.

(e) Additional time after certain kinds of service. When a party may or shall act within a specified time after being served and service is made under Rule 5(b)(2)(C) (mail), (D) (leaving with the clerk), or (F) (other means consented to), 3 days are added after the period would otherwise expire under Rule 6(a).

End

Amendment History

The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.

Plain-English Summary

Nearly every rule in this set has a deadline attached, and Rule 6 is the master key for counting them. For periods measured in days, exclude the day the triggering event happened, count every day after that — including weekends and holidays — and if the last day lands on a weekend or holiday, the deadline rolls to the next day that isn't. Periods measured in hours work the same way, just counted in hours instead of days. If the clerk's office is inaccessible on the deadline itself, the deadline extends to the next accessible day.

The rule defines "legal holiday" broadly: the standard state and federal holidays, election days, and any day the Governor or President declares a holiday. It also explains how to count a "next day" and where the day officially ends for electronic filings (midnight in the court's time zone) versus other filings (when the clerk's office closes).

Courts have real, but not unlimited, power to extend deadlines. A court can extend time before or after it expires — after expiration only if the party missed the deadline through excusable neglect — except for a short list of deadlines the rule places off-limits, tied to motions for judgment as a matter of law, amended findings, new trials, and relief from judgment.

Rule 6 also sets West Virginia's own briefing schedule for motions: written motions and hearing notices generally go out at least 14 days before the hearing, opposing affidavits at least 7 days before, response memoranda within 21 days of the motion, and reply memoranda within 7 days after that — all subject to the judge's discretion to modify the schedule.

Frequently Asked Questions

How do I count a deadline stated in days?

Skip the day the triggering event occurred, then count every day after that, including weekends and holidays. If the deadline falls on a weekend or legal holiday, it rolls over to the next day that isn't one.

What counts as a "legal holiday" for computing deadlines?

The standard state and federal holidays (including West Virginia Day), any day a general, special, or primary election is held, and any day the Governor or President declares a holiday.

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

Yes, but only on motion, and only if the party shows the delay resulted from excusable neglect. Certain deadlines — tied to motions under Rules 50, 52, 59, and 60 — can't be extended at all.

How long do I have to respond to a motion?

Under Rule 6(d), response memoranda are generally due within 21 days of service of the motion, and any reply is due within 7 days after that, unless the judge modifies the schedule.

Source & verification. The rule text is reproduced verbatim from the official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 6). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. · Official source

Also known as: computing deadlineslegal holidays west virginiaextending time to fileexcusable neglectmotion response deadlinebriefing schedule