Current through July 1, 2026 · Last verified July 13, 2026
In one sentenceRule 6 explains how to count deadlines under the trial rules, gives every party one automatic thirty-day extension to respond to a complaint or pleading, sets default deadlines for responding to pleadings and motions, and fixes a sixty-day waiting period before a divorce can be heard.
(A)Computation. In computing any period of time prescribed or allowed by these rules, by order of the 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 is to be included unless it is:
(1)a Saturday,
(2)a Sunday,
(3)a legal holiday as defined by state statute, or
(4)a day the office in which the act is to be done is closed during regular business hours. In any event, the period runs until the end of the next day that is not a Saturday, a Sunday, a legal holiday, or a day on which the office is closed. When the period of time allowed is less than seven days, intermediate Saturdays, Sundays, legal holidays, and days on which the office is closed must be excluded from the computations.
(B)Automatic Enlargement of time. A party may receive one automatic thirty-day enlargement of time to respond to a complaint or other pleading by filing a notice with the court. The notice must include the date when the response was initially due and the date to which time is enlarged. If the party files the notice on or before the original due date, the enlargement is granted without a written order by the court.
(C)Other Requests for Enlargement of time. Except for the automatic enlargement of time allowed in subdivision (B), when an act is required or allowed to be done at or within a specific time by these rules, the court may upon motion:
(1)if the request is made before the time has expired, order the time enlarged for cause shown; or
(2)if the request is made after the time has expired, order the time enlarged where the failure to act was the result of excusable neglect. However, the court may not extend the time under Rules 50(A), 52(B), 56, 59(C), 59(E), or 60(B), except as stated in those rules.
(D)Response and Reply Deadlines. Except as otherwise provided in these rules or ordered by the court, the following times apply:
(1)Pleadings. A response to a pleading must be filed within twenty days after service of the pleading.
(2)Motions. A response to a motion must be filed within twenty days after service. Any reply must be filed within fourteen days after service of the response. These deadlines do not apply to motions to continue under Rule 7, summary judgment motions under Rule 56, motions to correct error under Rule 59, and motions filed under Rule 60(B). Filing a motion under Rule 12 alters the time for filing a responsive pleading as provided in Rule 12(A).
(E)Time to serve motions. A written motion, other than one which may be heard ex parte, and notice of the hearing thereof must be served not less than five days before the time specified 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.
(F)Affidavits. When a motion is supported by affidavit, the affidavit must be served with the motion; and, except as otherwise provided in these rules, opposing affidavits may be served not less than one day before the hearing, unless the court permits them to be served at some other time.
(G)Additional time after service by United States 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 and the notice or paper is served by United States mail, three days must be added to the prescribed period.
(H)Dissolution Actions--Sixty-day waiting period. A cause for dissolution of marriage or for legal separation must not be tried or heard by any court until after the expiration of sixty days from the date of the filing of the petition or from the date of the publication of the first notice to a nonresident.
(I)Local Rules Abrogated. Any local rule in contradiction with any provision within this rule is abrogated.
Amendment History
This rule’s current text took effect July 1, 2026. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
Rule 6 starts with the mechanics of counting time. When a deadline runs under the trial rules, a court order, or a statute, you skip the day the triggering event happened and start counting from the next day. If the last day of that count falls on a Saturday, Sunday, legal holiday, or a day the relevant office is closed, the deadline pushes to the end of the next day the office is open. There is one wrinkle for short deadlines: when the allowed period is less than seven days, weekends, holidays, and closed days are skipped entirely in the count, not just when they fall on the last day.
Section B gives every party a one-time, automatic thirty-day extension to respond to a complaint or other pleading — no motion or court order needed. A party gets it just by filing a notice with the court, on or before the original due date, stating the original deadline and the new one. That automatic extension is a notable feature of Indiana practice: most requests for more time require a judge’s sign-off, but this first thirty days is available by filing notice alone. Section C covers every other kind of extension request, and those do require the court’s approval: filed before the original deadline expires, a judge can extend the time for any cause shown; filed after the deadline has passed, an extension is available only if the delay resulted from excusable neglect. Some deadlines are off-limits to this kind of extension altogether — motions for judgment on the evidence, motions to amend findings, summary judgment motions, motions to correct error, and motions for relief from judgment can only be extended to the extent those specific rules allow.
Section D fills in default deadlines: twenty days to respond to a pleading, twenty days to respond to a motion, and fourteen days to reply to that response. Those motion deadlines do not apply to motions to continue, summary judgment motions, motions to correct error, or motions for relief from judgment, each of which follows its own separate timetable — and filing a motion under Rule 12 resets the clock for a responsive pleading according to Rule 12’s own terms.
The remaining sections cover notice and a few special situations. Section E requires that a written motion (other than one the court can rule on without a hearing) and notice of the hearing be served at least five days before the hearing, unless another rule or a court order sets a different period — and a judge can shorten that period on an ex parte request for cause shown. Section F requires that a supporting affidavit be served along with the motion, while an opposing affidavit generally has to be served at least one day before the hearing, unless the court allows otherwise. Section G adds three extra days to a deadline whenever the triggering notice or paper was served by U.S. mail. Section H bars any court from trying or hearing a divorce or legal separation case until sixty days after the petition was filed, or after the first published notice to a nonresident spouse. And Section I overrides any local rule that conflicts with anything in Rule 6.
Frequently Asked Questions
How do I count a deadline under Indiana’s trial rules?
Skip the day the event that starts the clock happened, then count forward. If the last day lands on a Saturday, Sunday, legal holiday, or a day the office is closed, the deadline moves to the next day the office is open. If the total time allowed is less than seven days, weekends, holidays, and closed days are excluded from the count entirely, not just when they fall on the last day.
Can I get an automatic extension to respond to a lawsuit in Indiana?
Yes, once. Rule 6(B) gives every party a one-time, automatic thirty-day extension to respond to a complaint or other pleading. You do not need a motion or a judge’s order — filing a notice with the court on or before the original due date, stating the old and new deadlines, is enough.
What if I need more time after I have already used my automatic extension?
You need the court’s permission. Under Rule 6(C), a judge can extend a deadline for cause shown if you ask before the original deadline passes, or for excusable neglect if you ask after it has passed — except for a short list of deadlines (tied to judgment on the evidence, amended findings, summary judgment, motions to correct error, and relief from judgment) that can only be extended as those specific rules allow.
How much notice do I have to give before a motion hearing?
At least five days, under Rule 6(E), unless another rule or a court order sets a different period. A judge can shorten that period on an ex parte request for cause shown.
Do I get extra time to respond if I was served by mail?
Yes. Rule 6(G) adds three days to whatever deadline applies whenever the notice or paper that started the clock was served by U.S. mail.
Is there a waiting period before a divorce can be finalized in Indiana?
Yes. Rule 6(H) bars any court from trying or hearing a dissolution of marriage or legal separation case until sixty days have passed since the petition was filed, or since the first published notice to a nonresident spouse.
What is the default deadline to respond to a motion versus a pleading?
Rule 6(D) sets a default of twenty days to respond to a pleading and twenty days to respond to a motion, with fourteen more days to file a reply to that response. Those motion timelines do not apply to motions to continue, summary judgment motions, motions to correct error, or motions for relief from judgment — each follows its own deadline.
Source & verification. The rule text is reproduced verbatim from the
official Indiana Rules of Trial Procedure (T.R. 6). Prescribed by the Supreme Court of Indiana, under its inherent constitutional rulemaking power (reaffirmed by Ind. Code 34-8-1-1 and 34-8-2-1); originally enacted by the Indiana General Assembly in 1969. The plain-English summary is original and written by us. Last verified July 13, 2026. ·
Official source
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