Computing and Extending Time; Motions

(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 con- tinues 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 intermedi- ate 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 inac- cessible: (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 ac- cessible day that is not a Saturday, Sunday, or legal holi- day. (4) ‘‘Last Day’’ Defined. Unless a different time is set by stat- ute, 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 Independ- ence 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 Con- gress; and (C) for periods that are measured after an event, any other day declared a holiday by the state where the dis- trict court is located. (In this rule, ‘‘state’’ includes the Rule 9006 FEDERAL RULES OF BANKRUPTCY PROCEDURE 130 District of Columbia and any United States common- wealth 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 al- lows an act to be performed at or within a specified period. Ex- cept 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 ex- tend 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 excus- able 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 per- mitted 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 mo- tion 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 re- sponse must be served at least 1 day before the hearing, unless the court allows otherwise. (e) SERVICE 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 FEDERAL RULES OF BANKRUPTCY PROCEDURE Rule 9010 (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.)