FRCP 6 Explained: Computing and Extending Time
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Rule Overview
Federal Rule of Civil Procedure 6 governs how time periods are computed and extended in federal court proceedings. This rule is fundamental to every federal civil case, as it determines when deadlines fall and how they can be modified.
Important: FRCP 6 was significantly amended in 2009. Always verify you're using the current version of the rule.
FRCP 6(a): Computing Time
Key Principles
- 1Exclude the event day: When computing time, exclude the day of the event that triggers the period.
- 2Include the last day: Count every day including the last day of the period, unless it falls on a weekend or legal holiday.
- 3Weekend/holiday rule: If the last day is a Saturday, Sunday, or legal holiday, the period continues until the next business day.
Periods Stated in Days or Longer
- • Count every calendar day
- • Include weekends and holidays
- • Exclude only the triggering event day
- • If last day is weekend/holiday, extend to next business day
Periods Stated in Hours
- • Count every hour, including weekends
- • Start counting immediately after triggering event
- • No automatic extension for weekends/holidays
- • Exception: If period would end on weekend/holiday, extend to next business day
FRCP 6(b): Extending Time
Extensions for Good Cause (6(b)(1)(A))
- • Court may extend time for good cause
- • Can be requested before or after deadline
- • Must show good cause for extension
- • Some deadlines cannot be extended
Party Agreement (6(b)(1)(B))
- • Parties can agree to extend time
- • Must obtain court approval for some deadlines
- • Agreement should be in writing
- • File stipulation with court promptly
Non-Extendable Deadlines
FRCP 6(b)(2) lists specific deadlines that cannot be extended:
- • Rule 50(b) - judgment as a matter of law
- • Rule 52(b) - amending findings of fact
- • Rule 59 - new trial motions
- • Rule 60(b) - relief from judgment
FRCP 6(d): Additional Time After Service
Service by Mail, Leaving with Clerk, or Electronic Means
When a party may or must act within a specified time after service, add 3 days to the period if service was made:
- • By mail (including electronic mail)
- • By leaving with the court clerk
- • By electronic means as provided in Rule 5(b)(2)(E)
Exception: No additional time if the paper served establishes the time for service of a response.
Practical Examples
Example 1: 21-Day Response Period
Scenario: Complaint served on Monday, January 5. Defendant has 21 days to respond.
Calculation:
- • Start: Tuesday, January 6 (exclude service day)
- • Count: 21 calendar days
- • End: Monday, January 26
Result: Response due Monday, January 26
Example 2: Weekend Extension
Scenario: Motion served on Wednesday, January 7. Response due in 14 days.
Calculation:
- • Start: Thursday, January 8
- • Count: 14 calendar days
- • End: Wednesday, January 21 (but this is a federal holiday - MLK Day)
- • Extended to: Thursday, January 22
Result: Response due Thursday, January 22
Example 3: Service by Mail with Additional Time
Scenario: Motion served by mail on Friday, January 9. Response due in 14 days.
Calculation:
- • Base period: 14 days
- • Additional time for mail service: +3 days
- • Total period: 17 days
- • Start: Saturday, January 10
- • End: Monday, January 26
Result: Response due Monday, January 26
Common Mistakes to Avoid
❌ Including the Trigger Day
Never count the day of service or the event that triggers the time period.
❌ Forgetting Additional Time
Always add 3 days for service by mail, leaving with clerk, or electronic means.
❌ Ignoring Holidays
Federal holidays extend deadlines to the next business day.
✅ Use Reliable Calculators
Double-check calculations with automated tools designed for legal deadlines.
✅ Document Everything
Keep records of service dates, methods, and deadline calculations.
✅ Plan Ahead
Calculate deadlines immediately after service and calendar them with reminders.
Best Practices
Time Management
- • Calculate deadlines immediately upon service
- • Set up calendar reminders with buffer time
- • Maintain a master deadline calendar
- • Consider internal firm deadlines before court deadlines
Documentation
- • Document service method and date
- • Keep proof of service certificates
- • Record deadline calculations in file
- • Note any extensions or agreements