Computing and Extending Time;

Time for Motion Papers (a) Computing Time. The following rules apply in computing any time period specified in these rules, in any court order, or in any RCFC 6 12 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 including intermediate Saturdays, Sundays, and legal holidays; and day, (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 Saturdays, intermediate 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 RCFC 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 RCFC 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, at midnight in the Eastern Time Zone; and (B) for filing by other means, when the clerk’s office is scheduled to close, subject to the provision for after- hours filing permitted under RCFC 77.1(a). (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, Inauguration Day, Martin Luther King Jr.’s Birthday, Washington’s Birthday, Memorial Day, Juneteenth National Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, or Christmas Day; and Independence (B) any other day declared a holiday by the President or Congress. (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 its extension expires; or the original time 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 RCFC 52(b), 59(b), (d), and (e), and 60(b). (c) Motions, Notices of Hearing, and Affidavits. [Not used.] (d) Additional Time After Certain Kinds of Service. When a party may or must act within a specified time after being served and service is made under RCFC 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 RCFC 6(a). (As revised and reissued May 1, 2002; as amended June 20, 2006, Nov. 3, 2008, Jan. 11, 2010, Aug. 1, 2017, July 29, 2024.) Rules Committee Notes 2002 Revision RCFC 6 has been changed to conform to FRCP 6. In particular, that part of subdivision (b) which formerly specified the content of motions for enlargement has been moved to a new RCFC 6.1, “Enlargements of Time.” 2006 Amendment Subdivision (e) has been amended to reflect the corresponding changes to FRCP 6(e) that became effective December 1, 2005. 2008 Amendment The language of RCFC 6 has been amended to conform to the general restyling of the FRCP. 2010 Amendment RCFC 6 has been amended in accordance with the corresponding changes to FRCP 6 that became effective December 1, 2009. These changes govern the computation of any time period specified in these rules, in any court order, or in any statute that does not specify a method of comprehensive computing explanation of the time- computation changes, see the 2009 Committee Note to FRCP 6. time. For a In addition, the definition of “last day” in subparagraph (a)(4)(B) has been amended to include a reference to the after-hours filing permitted under RCFC 77.1(a). Finally, paragraph (b)(2) has been amended to delete the reference to RCFC 54(d)(1). 2017 Amendment RCFC 6(d) has been amended in accordance with the corresponding change to FRCP 6 that became effective December 1, 2016. 2024 Amendment RCFC 6(a)(6) was updated in 2022 to include Juneteenth National Independence Day as a legal holiday, and the update was treated as an administrative amendment that did not require a committee note. That same change was subsequently made to FRCP 6(a)(6) and became effective December 1, 2023. 13 RCFC 6 cont.