Federal Rules of Criminal Procedure

(a) Computing Time.

The following rules apply in computing any period of time specified in these rules, any local rule, or any court order:

(1) Day of the Event Excluded.

Exclude the day of the act, event, or default that begins the period.

(2) Exclusion from Brief Periods.

Exclude intermediate Saturdays, Sundays, and legal holidays when the period is less than 11 days.

(3) Last Day.

Include the last day of the period unless it is a Saturday, Sunday, legal holiday, or day on which weather or other conditions make the clerk’s office inaccessible. When the last day is excluded, the period runs until the end of the next day that is not a Saturday, Sunday, legal holiday, or day when the clerk’s office is inaccessible.

(4) "Legal Holiday" Defined.

As used in this rule, “legal holiday” means:

(A) the day set aside by statute for observing:

(i) New Year’s Day;

(ii) Martin Luther King, Jr.’s Birthday;

(iii) Washington’s Birthday;

(iv) Memorial Day;

(v) Independence Day;

(vi) Labor Day;

(vii) Columbus Day;

(viii) Veterans’ Day;

(ix) Thanksgiving Day;

(x) Christmas Day; and

(B) any other day declared a holiday by the President, the Congress, or the state where the district court is held.

(b) Extending Time.

(1) In General.

When an act must or may be done within a specified period, the court on its own may extend the time, or for good cause may do so on a party’s motion made:

(A) before the originally prescribed or previously extended time expires; or

(B) after the time expires if the party failed to act because of excusable neglect.

(2) Exceptions.

The court may not extend the time to take any action under Rule 35, except as stated in that rule.

(c) Additional Time After Certain Kinds of Service.

Whenever a party must or may act within a specified period after service and service is made in the manner provided under Federal Rule of Civil Procedure 5(b)(2)(C), (D), (E), or (F), 3 days are added after the period would otherwise expire under subdivision (a).

(As amended Feb. 28, 1966, eff. July 1, 1966; Dec. 4, 1967, eff. July 1, 1968; Mar. 1, 1971, eff. July 1, 1971; Apr. 28, 1982, eff. Aug. 1, 1982; Apr. 29, 1985, eff. Aug. 1, 1985; Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 25, 2005, eff. Dec. 1, 2005; Apr. 2008, eff. Dec. 1, 2008.)

Notes

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