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Fed. R. Bankr. P. 9006

Computing and Extending Time; Motions

activein force · 2024-12-01 – presentact-effective-date

(a) COMPUTING TIME. The following rules apply in computing any

time period specified in these rules, in the Federal Rules of Civil

Procedure, in any local rule 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, then continue the period until the same

time on the next day that is not a Saturday, Sunday, or

legal holiday.

(3) Inaccessibility of the Clerk’s Office When a Filing Is Due.

Unless the court orders otherwise, if the clerk’s office is inaccessible:

(A) on the last day for filing under (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 (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 statute, local rule, or order in a case, 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, Birthday of Martin Luther King Jr., Washington’s

Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day,

Veteran’s Day, Thanksgiving Day, or Christmas Day;

(B) any day declared a holiday by the President or Congress; and

(C) for periods that are measured after an event, any

other day declared a holiday by the state where the district court is located. (In this rule, ‘‘state’’ includes the

130 Rule 9006 FEDERAL RULES OF BANKRUPTCY PROCEDURE

District of Columbia and any United States commonwealth or territory.)

(b) EXTENDING TIME.

(1) In General. This paragraph (1) applies when these rules, a

notice given under these rules, or a court order requires or allows an act to be performed at or within a specified period. Except as provided in (2) and (3), the court may—at any time and

for cause—extend the time to act if:

(A) with or without a motion or notice, a request to extend is made before the period (or a previously extended

period) expires; or

(B) on motion made after the specified period expires,

the failure to act within that period resulted from excusable neglect.

(2) Exceptions. The court must not extend the time to act

under Rules 1007(d), 2003(a) and (d), 7052, 9023, and 9024.

(3) Extensions Governed by Other Rules. The court may extend

the time to:

(A) act under Rules 1006(b)(2), 1017(e), 3002(c), 4003(b),

4004(a), 4007(c), 4008(a), 8002, and 9033—but only as permitted by those rules; and

(B) file the certificate required by Rule 1007(b)(7), and

the schedules and statements in a small business case

under § 1116(3)—but only as permitted by Rule 1007(c).

(c) REDUCING TIME.

(1) When Permitted. When a rule, notice given under a rule,

or court order requires or allows an act to be done within a

specified time, the court may—for cause and with or without

a motion or notice—reduce the time.

(2) When Not Permitted. The court may not reduce the time

to act under Rule 2002(a)(7), 2003(a), 3002(c), 3014, 3015, 4001(b)(2)

or (c)(2), 4003(a), 4004(a), 4007(c), 4008(a), 8002, or 9033(b). Also,

the court may not reduce the time set by Rule 1007(c) to file

the certificate required by Rule 1007(b)(7).

(d) TIME TO SERVE A MOTION AND A RESPONSE.

(1) In General. A written motion (other than one that may be

heard ex parte) and notice of any hearing must be served at

least 7 days before the hearing date, unless the court or these

rules set a different period. Any affidavit supporting the motion must be served with it. An order to change the period

may be granted for cause on ex parte application.

(2) Response. Except as provided in Rule 9023, any written response must be served at least 1 day before the hearing, unless

the court allows otherwise.

(e) S ERVICE COMPLETE ON MAILING. Service by mail of process,

any other document, or notice is complete upon mailing.

(f) ADDITIONAL TIME AFTER CERTAIN SERVICE. When a party may

or must act within a specified time after being served and service

is made by mail or under Fed. R. Civ. P. 5(b)(2)(D) (leaving with

the clerk) or (F) (other means consented to), 3 days are added

after the period would otherwise expire under (a).

(g) GRAIN-STORAGE FACILITY. This rule does not limit the court’s

authority under § 557 to issue an order governing procedures in a

case in which the debtor owns or operates a grain-storage facility.

131 Rule 9010 FEDERAL RULES OF BANKRUPTCY PROCEDURE

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 25, 1989, eff. Aug.

1, 1989; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 23, 1996, eff. Dec. 1, 1996;

Apr. 26, 1999, eff. Dec. 1, 1999; Apr. 23, 2001, eff. Dec. 1, 2001; Apr.

25, 2005, eff. Dec. 1, 2005; Apr. 23, 2008, eff. Dec. 1, 2008; Mar. 26, 2009,

eff. Dec. 1, 2009; Apr. 16, 2013, eff. Dec. 1, 2013; Apr. 28, 2016, eff. Dec.

1, 2016; Apr. 24, 2023, eff. Dec. 1, 2023; Apr. 2, 2024, eff. Dec. 1, 2024.)

Provenance

Source
uscourts.gov
Retrieved
2026-09-03
Edition
2026-08-19
Content hash
078d50ae28b6b930cae88c97872a96706a57a284c4d773f7474c90be14388e32
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