Service of a written motion and notice of hearing
Under Rule 6(c)(1), a written motion and notice of the hearing must be served at least 14 days before the hearing, unless a rule or order sets a different time. Enter the hearing date to count back.
- FRCP 6(c)
- FRCP 6(a)(5)
Find your service date
Federal district court motions.
The hearing day is not counted.
Holidays and court closures
Federal holidays under 5 U.S.C. 6103 are always skipped, including the observed weekday when a holiday falls on a weekend.
For weather or emergency closures. Check the court's notice to confirm it extends deadlines.
How the deadline is counted
- Start from the hearing date.
- Count back 14 days. Rule 6(a)(5) says to count backward for periods measured before an event.
- Do not land on a closed day. If day 14 is a weekend or legal holiday, keep counting back to the previous day the court is open.
Worked examples
| Example | Hearing | Deadline |
|---|---|---|
| Hearing the Friday after Thanksgiving | Fri, Nov 27, 2026 | Fri, Nov 13, 2026 |
| Hearing on a Monday | Mon, Nov 30, 2026 | Mon, Nov 16, 2026 |
Local rules usually control. Most district courts set their own briefing schedules by local rule, and Rule 6(c) yields to them. Ex parte motions and motions under Rule 6(b) are exempt. Opposing affidavits must be served at least 7 days before the hearing under Rule 6(c)(2).
Common questions
How far before a federal hearing must a motion be served?
At least 14 days under Rule 6(c)(1), unless a rule, local rule or order sets a different time.
When are opposing affidavits due?
At least 7 days before the hearing under Rule 6(c)(2).
Does Rule 6(d) add 3 days?
Rule 6(d) applies to periods after service, not periods before a hearing.
Sources
- Federal Rules of Civil Procedure, Rule 6(a) and 6(c)
Rules last checked October 2026. This calculator does not give legal advice. Confirm the date against the rule and any order in your case.