Rule 4.Computing and Extending Time
Part I. General Administration · Last amended January 1, 2019 · Last verified September 4, 2026
Full Text of Rule 4
Rule History
Added Aug. 30, 2018, effective Jan. 1, 2019.
Editors' Notes
COMMENT TO 2019 AMENDMENT
Rule 4(c) is amended to remove any doubt as to the method for extending the time to respond after service by mail or other means, including electronic means, if consented to in writing by the recipient or ordered by the court. Five days are added after the prescribed period otherwise expires under Rule 4(a). Intermediate Saturdays, Sundays, and legal holidays are included in counting these added five days. If the fifth day is a Saturday, Sunday, or legal holiday, the last day to act is the next day that is not a Saturday, Sunday, or legal holiday. The effect of invoking the day when the prescribed period would otherwise expire under Rule 4(a) can be illustrated by assuming that the thirtieth day of a thirty-day period is a Saturday. Under Rule 4(a), the period expires on the next day that is not a Sunday or legal holiday. If the following Monday is a legal holiday, under Rule 4(a) the period expires on Tuesday. Five calendar days are then added--Wednesday, Thursday, Friday, Saturday and Sunday. As the fifth and final day falls on a Sunday, by operation of Rule 4(a), the fifth and final day to act is the following Monday. If Monday is a legal holiday, the next day that is not a legal holiday is the fifth and final day to act. If the period prescribed expires on a Wednesday, the five added calendar days are Thursday, Friday, Saturday, Sunday, and Monday, which is the fifth and final day to act unless it is a legal holiday. If Monday is a legal holiday, the next day that is not a legal holiday is the fifth and final day to act. Application of Rule 4(c) to a period that is less than eleven days can be illustrated by a paper that is served by mailing on a Wednesday. If 10 days are allowed to respond, intermediate Saturdays, Sundays, and legal holidays are excluded in determining when the period expires under Rule 4(a). If there is no legal holiday, the period expires on the Wednesday two weeks after the paper was mailed. The five added Rule 4(c) days are Thursday, Friday, Saturday, Sunday, and Monday, which is the fifth and final day to act unless it is a legal holiday. If Monday is a legal holiday, the next day that is not a legal holiday is the final day to act.
Plain-English Summary
Every deadline in this ruleset runs through Rule 4, and two of its numbers are the ones to memorise.
Computing
Exclude the day of the act or event that starts the period. Include the last day unless it is a Saturday, Sunday or legal holiday, in which case the period runs to the next day that is not one.
And the middle rule: exclude intermediate Saturdays, Sundays and legal holidays if the period is less than 11 days. Eleven, not seven and not ten. A 10-day period skips weekends; an 11-day period counts them, and so is often the shorter one in practice.
Extending
The court may extend for good cause, with or without motion or notice, if it acts or the request is made before the time expires. After expiry it takes a motion and excusable neglect.
Subsection (b)(2) then closes the door on the post-judgment rules. The court may not extend time to act under Rules 83 or 85 unless those rules allow it, or all three of the following hold: the moving party was entitled to notice of entry of the judgment or order but did not receive it from the clerk or any party within 21 days; the motion is filed within 30 days after the time to act expired or within 7 days after the party received notice, whichever is earlier; and no party would be prejudiced.
Five days for service
Where a party must act within a time after service, and service was made under Rule 43(b)(2)(C) or (D), 5 calendar days are added after the period would otherwise expire under Rule 4(a). The Editors' Note works through the arithmetic at length; the essential points are that the five days are calendar days counted after the ordinary expiry, and that if the fifth day falls on a weekend or holiday, Rule 4(a) pushes it again.
The rule does not apply to the clerk's distribution of notices, minute entries or other court-generated documents — including notice of entry of judgment under Rule 78(h).
Court-generated documents
Notices, minute entries and other court-generated documents are entered on the date the clerk files them. Unless the court orders otherwise, where an order requires an act within a time after the order is entered, the filing date is the "day of the act, event or default" excluded by Rule 4(a)(1).
Frequently Asked Questions
Do weekends count in Arizona family law deadlines?
Only for periods of 11 days or more. Rule 4(a)(2) excludes intermediate Saturdays, Sundays and legal holidays if the period is less than 11 days. Either way, if the last day falls on a Saturday, Sunday or legal holiday, the period runs to the next day that is not one.
How many days are added for service by mail?
5 calendar days, added after the period would otherwise expire under Rule 4(a), where service was made under Rule 43(b)(2)(C) or (D). It does not apply to the clerk's distribution of notices, minute entries or other court-generated documents.
Can the court extend a deadline after it has passed?
Rule 4(b)(1)(B) allows it on motion made after the time has expired if the party failed to act because of excusable neglect. Before expiry the court may extend with or without motion or notice for good cause.
Can the time to file a Rule 83 or Rule 85 motion be extended?
Rule 4(b)(2) does not permit it unless those rules allow it, or all three conditions are met: the moving party was entitled to notice of entry but did not receive it within 21 days; the motion is filed within 30 days after the time to act expired or within 7 days after the party received notice, whichever is earlier; and no party would be prejudiced.
When does the clock start on a court order?
Rule 4(d) provides that notices, minute entries and other court-generated documents are entered on the date the clerk files them, and that unless the court orders otherwise the filing date is the day of the act, event or default excluded under Rule 4(a)(1).