Rule 6.Time

Rule 6 opens with the mechanics of counting time. When computing any deadline set by the rules, a court order, or a statute, the day of the triggering event itself is not counted, but the final day of the period is — unless that final day falls on a weekend, a legal holiday, or a day the clerk's office is inaccessible, in which case the deadline rolls to the next available day. The rule then addresses extensions: a court can enlarge a deadline before it expires for good cause, or after it expires if the delay was the result of excusable neglect, though a short list of post-trial motion deadlines (under Rules 50, 52, 59, and 60) cannot be extended beyond what those rules themselves allow. A clerk of court can also grant one short extension — up to 15 days — to answer, move to dismiss, or respond to certain discovery, without involving a judge, as long as specific conditions are met; that clerk-granted extension can still be challenged and set aside.

The rest of Rule 6 lays out the default timetable for motions. Absent a different deadline set by rule or court order, a motion must be served at least 14 days before its hearing, with exceptions for motions asking for more time, motions made during a hearing or trial, motions that may be heard ex parte, and the protective-order, compel-discovery, and motion-in-limine motions covered later in the rule. A response is generally due at least three days before the hearing or within 20 days of service of the motion, whichever comes first, and a reply follows the same kind of earlier-of timing. A party can request a hearing within 20 days of the motion, and certain post-trial motions are deemed denied if the court has not ruled within 90 days, unless that period is extended once for up to 60 more days. Finally, Rule 6(d) adds three extra days to a deadline whenever the triggering notice or paper was served by mail — though that extra time does not apply to service of process itself under Rule 4(r).