Federal Rule of Civil Procedure 6 (FRCP 6) governs how to calculate deadlines in federal court. Learn how to count days under Rule 6, whether weekends and holidays count, and when to add 3 days. This guide explains federal time computation and the Rule 6(d) 3-day rule in plain language, so you’ll never wonder again: Do weekends count? Does FRCP 6 add 3 days?
Counting Days (FRCP 6(a))
If deadline is…
Rule
Effect
Any deadline (≥1 day)
Count every day, including weekends/holidays.
FRCP 6(a)(1)(B)
Deadline ends on Saturday, Sunday, or legal holiday
Deadline moves to next business day.
FRCP 6(a)(1)(C)
Deadline less than 11 days (applies only in older rules/pre-2009)*
No exclusion anymore — always count weekends & holidays.
[Note: 2009 amendment removed the “<11 days” carve-out]
Service by Mail / Electronic Means (FRCP 5(b), 6(d))
Service Method
Extra Time Added?
Rule
By mail
+3 days
FRCP 6(d)
By leaving with clerk
+3 days
FRCP 6(d)
By other means consented to in writing (including fax/e-service under FRCP 5(b)(2)(E))
+3 days
FRCP 6(d)
By electronic filing via CM/ECF
Courts generally treat as “electronic service” → +3 days.
FRCP 5(b)(2)(E), 6(d)
Deadline Data Bites:
Federal courts always count weekends and holidays, unless the last day falls on one.
The 2009 amendments simplified counting (no more “exclude weekends if <11 days”).
You still add 3 days for most service methods, including e-service (unlike Texas).
Some local rules clarify how the +3 days applies to CM/ECF filings — always check the district’s local rules.
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