How to Count Days for Court Deadlines
Understanding how to calculate filing deadlines is essential in every court system. Missing a deadline, even by one day, can result in dismissal or waiver of your right to respond.
To calculate your filing deadline:
- Exclude the day of the event or filing that triggers the period of time (for example, the date an order is signed or a notice is served).
- Count every calendar day after that date, including weekends and legal holidays.
- Include the last day of the period unless it falls on a Saturday, Sunday, or legal holiday.
- When this occurs, the deadline extends to the next business day that is not a weekend or court closure.
- For example, if the due date falls on a Saturday, the filing will be due on Monday (or Tuesday if Monday is a court holiday).
- Always verify court-specific holidays or emergency closures on the court’s official website.
This deadline calculation method contemplates the time-counting rules in:
- Federal Rules of Appellate Procedure 26
- Federal Rules of Civil Procedure 6 (for trial courts)
- Federal Circuit Rule 26, and corresponding state equivalents (e.g., Texas Rule of Civil Procedure 4).
The U.S. Court of Appeals for the Federal Circuit and most federal courts observe all federal holidays.
A full list of federal holidays can be found on the U.S. Office of Personnel Management’s website:
👉 https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/
Disclaimer:
This guide is provided for informational purposes only and does not constitute legal advice. Court rules and filing deadlines may change and can vary by jurisdiction or case type. Always verify the applicable rules, local procedures, and court holidays before relying on any computed deadline. If you have questions about your specific situation, consult a licensed attorney.
