Rule 6. Time

Time.

(a) Computation. In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday, or, when the act to be done is the filing of a paper in court, a day on which weather or other conditions have made the office of the clerk of the court inaccessible, in which event the period runs until the end of the next day that is not one of the aforementioned days. When the period of time prescribed or allowed is less than eleven (11) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in this rule and in Rule 77(c) “legal holiday” includes New Year’s Day, Birthday of Martin Luther King, Jr., Presidents’ Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day appointed as a holiday by the President or the Congress of the United States, or as prescribed in § 1-3-8, Code of Alabama 1975.

(b) Enlargement. When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect; but it may not extend the time for taking any action under Rules 50(b), 52(b), 59(b), (d), and (e), and 60(b), except to the extent and under the conditions stated in them.

(c) [Omitted].

(d) For motions—affidavits. A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than five (5) days before the time specified for the hearing, unless a different period is fixed by these rules or by order of the court. Such an order may for cause shown be made on ex parte application. When a motion is supported by affidavit, the affidavit shall be served with the motion; and, except as otherwise provided in Rule 59(c), opposing affidavits may be served not later than one (1) day before the hearing, unless the court permits them to be served at some other time.

(e) Additional time after service by mail or electronic filing. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served upon the party by mail or electronic filing, three

(3) days shall be added to the prescribed period.

(dc) District court rule. Rule 6 applies in the district courts with the following exception. The portion of Rule 6(a) regarding the computation of time when the period prescribed or allowed is less than eleven (11) days does not apply to any time periods prescribed or allowed by statute or these rules in unlawful-detainer or eviction actions. [Amended eff. 10-1-95; Amended eff.8-1-2004; Amended eff. 10-24-2008; Amended eff, 11-28-2012.]

Committee Notes

Committee Comments on 1973 Adoption This rule is virtually identical to Federal Rule 6. The net effect is the inclusion of all holidays whether state or federal within the definition of a legal holiday. Under § 1-1-4, Code of Alabama, Saturdays are not treated as holidays. This Rule will include Saturdays and hence § 1-1-4, Code of Alabama, will not be applicable in that respect. This rule also excludes intermediate Saturdays, Sundays and holidays from the computation of time when the time allowed is less than seven days. In an emergency, this provision could be appropriately adjusted under Rule 6(d) or Rule 65(b). Section 1-3-8, Code of Alabama, lists state holidays and provides for holidays by gubernatorial declaration. Confusion can arise when a federal holiday is not observed by the state. See Underwood v. Brantley, 280 Ala. 215, 191 So.2d 870 (1966), wherein the transcript of the evidence was due on National Memorial Day and filed one day thereafter. The evidence was stricken because, Memorial Day not being a legal holiday in Alabama, the extra day afforded when the last day falls on a legal holiday was not available. By including all holidays, state or federal, a possible trap for the unwary is eliminated. Rule 6(a) on computation of time is expressly applicable to time periods fixed, among other things, “by any applicable statute.” Rule 6(b), on enlargement of time, does not mention time periods fixed by statute. Thus statutory time periods are not subject to enlargement under Rule 6(b). Rule 6(b) gives the court a very broad discretion to enlarge time periods, but such enlargement is to be only for cause shown. If the application for extra time is made before the period has expired, the request for an extension may be made ex parte. If, however, the application for extra time comes after the period has run, notice of the motion must be given to the other parties, and the only cause for which extra time can be allowed is “excusable neglect.” As to the meaning