Federal Rule of Civil Procedure 6(c)(2) establishes a default timing rule for affidavits filed in opposition to motions, while deadlines for substantive oppositions or responses to motions are often controlled by local rules, standing orders, or case-specific scheduling orders. One should not assume that every motion response is governed solely by the Federal Rules of Civil Procedure.
Federal Rule of Civil Procedure 6(c)(2) provides one important default timing rule: affidavits supporting an opposition to a motion must generally be served at least seven (7) days before the hearing, unless the court permits service at another time.
This calculator helps determine that default affidavit deadline. For example, if a motion hearing is set for April 15, affidavits filed in opposition would generally be due at least seven days earlier, subject to any different deadline imposed by local rule, standing order, or court order. Users should always compare the calculated deadline with the applicable local rules, the judge’s standing order, and any case-specific order entered in the case.
For additional federal motion deadlines, see our federal motion deadline calculators.