(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 after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor a legal holiday. 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.
Rule 44.01.Time, Computation of — Extension — Service of Motions.
Part I · Rule 44: Time · Last amended January 1, 2025 · Last verified July 22, 2026
This rule prints two full, separately-dated versions in the official compilation (a pending or recent amendment straddle); both are shown below.
In one sentenceThis rule explains how to count deadlines set by rule, statute, or court order; when a court may extend or excuse a missed deadline; the notice and affidavit timing for written motions; and the extra three days added when a deadline runs from service by mail.
Full Text of Rule 44.01
Rule 44.01. Time, Computation of — Extension — Service of Motions. — Effective until January 1, 2025
(b) Enlargement. When by these rules or by a 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 therefor is made before the expiration of the period originally prescribed or as extended by a previous order or (2) upon notice and motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect; but it may not extend the time for taking any action under Rules 52.13, 72.01, 73.01, 75.01, 78.04, 81.04, 81.07, and 84.035 or for commencing civil action.
(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 continued 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 any civil action pending before it, which it is otherwise by law authorized to do or take.
(d) Motions—Notice Required—Affidavits. 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 specified for the hearing, unless a different period is fixed by law or court rule 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 an affidavit, the affidavit shall be served with the motion; and, except as otherwise provided by law or rule in connection with a motion for a new trial, 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 the party and the notice or paper is served by mail, three days shall be added to the prescribed period.
Rule 44.01. Time, Computation of — Extension — Service of Motions. — Current version
(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 after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor a legal holiday. 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.
(b) Enlargement. When by these rules or by a 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 therefor is made before the expiration of the period originally prescribed or as extended by a previous order or (2) upon notice and motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect; but it may not extend the time for taking any action under Rules 52.13, 72.01, 73.01, 75.01, 78.04, 81.04, 81.07, and 84.035 or for commencing civil action.
(c) Motions—Notice Required—Affidavits. 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 specified for the hearing, unless a different period is fixed by law or court rule 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 an affidavit, the affidavit shall be served with the motion; and, except as otherwise provided by law or rule in connection with a motion for a new trial, 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.
(d) 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 the party and the notice or paper is served by mail, three days shall be added to the prescribed period.
Amendment History
Effective until January 1, 2025
Adopted Feb. 1, 1972, eff. Sept. 1, 1972; Amended May 6, 1976, eff. Jan. 1, 1977; Amended July 21, 1976, eff. April 1, 1977; Amended Sept. 28, 1993, eff. Jan. 1, 1994; Amended Dec. 22, 2009, eff. July 1, 2010; Amended Dec. 27, 2012, effective July 1, 2013.
Version 2
Adopted Feb. 1, 1972, eff. Sept. 1, 1972; Amended May 6, 1976, eff. Jan. 1, 1977; Amended July 21, 1976, eff. April 1, 1977; Amended Sept. 28, 1993, eff. Jan. 1, 1994; Amended Dec. 22, 2009, eff. July 1, 2010; Amended Dec. 27, 2012, effective July 1, 2013; Amended May 1, 2024, effective Jan. 1, 2025.
Official Comment
Effective until January 1, 2025
Paragraph (a) is the same as prior Rule 44.01(a) with two exceptions: 1. Saturday has been added to Sunday and legal holidays as a day which affects the computation of time. 2. The last sentence referring to a half holiday was deleted. Paragraph (b) is the same as prior Rule 44.01(b) except that the cross references to other rules were changed to reflect the change in the numbers of those rules. Paragraph (c) is the same as prior Rule 44.01(c). Paragraph (d) is the same as prior Rule 44.01(d). Paragraph (e) is new and is the same as Rule 6(e) of the Federal Rules of Civil Procedure. Compare: Rule 6 of the Federal Rules of Civil Procedure.
Version 2
Paragraph (a) is the same as prior Rule 44.01(a) with two exceptions: 1. Saturday has been added to Sunday and legal holidays as a day which affects the computation of time. 2. The last sentence referring to a half holiday was deleted. Paragraph (b) is the same as prior Rule 44.01(b) except that the cross references to other rules were changed to reflect the change in the numbers of those rules. Paragraph (c) is the same as prior Rule 44.01(c). Paragraph (d) is the same as prior Rule 44.01(d). Paragraph (e) is new and is the same as Rule 6(e) of the Federal Rules of Civil Procedure. Compare: Rule 6 of the Federal Rules of Civil Procedure.
Plain-English Summary
Rule 44.01 is the rule to check whenever a deadline needs counting. Subsection (a) sets the method: do not count the day of the triggering act or event, but do count the last day of the period, unless that last day is a Saturday, Sunday, or legal holiday, in which case the period runs to the end of the next day that is not one of those. If the period allowed is less than seven days, weekends and legal holidays falling in the middle of the period are excluded from the count entirely.
Subsection (b) covers enlargement of time. A court may, for cause, extend a deadline before it expires, with or without a motion, and may also allow a late act after a deadline has passed if the failure to act on time was the result of excusable neglect, on notice and motion. That flexibility has firm limits: the court cannot extend the time for taking action under several specifically named rules, including Rules 52.13, 72.01, 73.01, 75.01, 78.04, 81.04, 81.07, and 84.035, and it cannot extend the time for commencing a civil action.
Subsection (c) governs written motions that are not heard ex parte: the motion and notice of hearing must be served at least five days before the hearing, unless a different period is set by law, court rule, or court order, and an order fixing a different period can be obtained on an ex parte application for cause shown. An affidavit supporting a motion must be served with the motion, and opposing affidavits must generally be served at least one day before the hearing, unless the court permits later service. Subsection (d) adds three days to a prescribed period whenever a party’s deadline runs from service of a notice or paper made by mail.
The rule’s text has changed in one notable way. An earlier version included a separate subsection stating that deadlines are not affected by the continued existence or expiration of a court term. That subsection was removed effective January 1, 2025, and the remaining subsections were renumbered, though the substantive computation, enlargement, motion-notice, and mail-time-extension provisions carried forward without change.
Frequently Asked Questions
How do I count a deadline that runs a set number of days from an event?
Skip the day of the triggering act or event, then count forward. The last day counts unless it falls on a Saturday, Sunday, or legal holiday, in which case the deadline extends to the next day that is not one of those.
Are weekends excluded from every deadline calculation?
Only when the total period allowed is less than seven days. In that situation, intermediate Saturdays, Sundays, and legal holidays are excluded from the count.
Can a court extend a filing deadline after it has already passed?
Yes, on notice and motion, if the failure to act on time resulted from excusable neglect, subject to the rule’s list of deadlines that cannot be extended.
Which deadlines can a court never extend under this rule?
The court cannot extend the time for taking action under Rules 52.13, 72.01, 73.01, 75.01, 78.04, 81.04, 81.07, and 84.035, or extend the time for commencing a civil action.
How much notice does a written motion require before a hearing?
At least five days before the hearing, unless a different period is set by law, court rule, or court order.
Does mailing a notice give the other side extra time to respond?
Yes. Whenever a deadline runs from service of a notice or paper served by mail, three days are added to the prescribed period.
Did this rule used to say something about court terms that it no longer says?
Yes. An earlier version stated that deadlines are unaffected by the continued existence or expiration of a court term. That subsection was removed effective January 1, 2025, and the rule was renumbered accordingly.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: how to count deadlines missouriextending a filing deadlineexcusable neglect late filingnotice period for motion hearingthree days added for mail service