Rule 6. 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,

as defined by statute, or any other day when the courthouse or the clerk’s office is in fact

closed, whether with or without legal authority, in which event the period runs until the end

of the next day which is not a Saturday, a Sunday, a legal holiday, or any other day when the

courthouse or the clerk’s office is closed. When the period of time prescribed or allowed is

less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded

in the computation. In the event any legal holiday falls on a Sunday, the next following day

shall be a legal holiday.

(b) Enlargement. When by these rules or by 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 therefore 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 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),

59(d), 59(e), 60(b), and 60(c) except to the extent and under the conditions therein stated.

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 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),

59(d), 59(e), 60(b), and 60(c) except to the extent and under the conditions therein stated.

(c) Unaffected by Expiration of Term. The period of time provided for the doing

of any act or the taking of any proceeding is not affected or limited by the continued

existence or expiration of a term of court. The existence or expiration of a term of court in

no way affects the power of a court to do any act or take any proceeding in a civil action

consistent with these rules.

(d) Motions. 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 days before the time fixed 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 day before the hearing,

unless the court permits them to be served at some other time.

(e) Additional Time After Service by Mail. 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 him and the notice or paper is served upon him by mail, three

g affidavits may be served not later than one day before the hearing,

unless the court permits them to be served at some other time.

(e) Additional Time After Service by Mail. 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 him and the notice or paper is served upon him by mail, three

days shall be added to the prescribed period. This subdivision does not apply to responses

to service of summons under Rule 4.

Advisory Committee Historical Note

Effective June 24, 1992, Rule 6(a) was amended to provide that the legal holidays

which cause a period of time to be enlarged are those defined by statute. 598-602 So. 2d

XXII-XXIII (West Miss. Cas. 1992).

Effective March 1, 1989, Rule 6(a) was amended to abrogate the inclusion of time

periods established by local court rules. 536-538 So. 2d XXI (West Miss. Cas. 1989).

Advisory Committee Notes

It is not uncommon for clerks’ offices and courthouses to be closed occasionally

during what are normal working periods, whether by local custom or for a special purpose,

such as attendance at a funeral. Rule 6(a) was drafted to obviate any harsh result that may

otherwise ensue when an attorney, faced with an important filing deadline, discovers that the

courthouse or the clerk’s office is unexpectedly closed.

Rule 6(b) gives the court wide discretion to enlarge the various time periods both

before and after the actual termination of the allotted time, certain enumerated cases being

excepted

eral. Rule 6(a) was drafted to obviate any harsh result that may

otherwise ensue when an attorney, faced with an important filing deadline, discovers that the

courthouse or the clerk’s office is unexpectedly closed.

Rule 6(b) gives the court wide discretion to enlarge the various time periods both

before and after the actual termination of the allotted time, certain enumerated cases being

excepted. A court cannot extend the time: (1) for filing of a motion for judgment

notwithstanding the verdict pursuant to Rule 50(b); (ii) for filing a motion to amend the

court’s findings pursuant to Rule 52(b); (iii) for filing a motion for new trial pursuant to Rule

59(b); (iv) for filing a motion to alter or amend the judgment pursuant to Rule 60(b); (vi) for

filing a motion to reconsider a court order transferring a case to another court pursuant to

Rule 60(c); or (vii) for entering a sua sponte order requiring a new trial pursuant to Rule

59(d).

Importantly, such enlargement is to be made only for cause shown. If the application

for additional time is made before the period expires, the request may be made ex parte; if

it is made after the expiration of the period, notice of the motion must be given to other

parties and the only cause for which extra time can be allowed is “excusable neglect.”

Rule 6(c) does not abolish court terms; it merely provides greater flexibility to the

courts in attending the myriad functions they must perform, many of which were heretofore

possible only during term time. The rule is also consistent with the provisions elsewhere

herein that prescribe a specific number of days for taking certain actions rather than linking

time expirations to the opening day, or final day, or any other day of a term of court; e.g.,

Rule 6(d) (motions and notices of hearings thereon to be served not less than five days before

time fixed for hearing), and Rule 12(a) (defendant to answer within thirty days after service

of summons and complaint).

CHAPTER III. PLEADINGS AND MOTIONS