(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 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 holiday.
Rule 6.Time.
Current through February 2024 · Last verified July 8, 2026
In one sentenceRule 6 explains how to count any deadline under Rhode Island's civil rules, when a judge may extend or shorten one, how much notice a motion needs before its hearing, and when an extra day gets added because a paper was served by mail or electronically.
Full Text of Rule 6
(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;
(2) Upon 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; or
(3) Permit the act to be done by stipulation of the parties, but it may not exceed the time for taking any action under Rules 50(b), 52(b), 59(b), (d), and (e), and 60(b) except to the extent and under the conditions stated in them.
(c) For Motions — 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 ten (10) 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. 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 no later than one (1) day before the hearing, unless the court permits them to be served at some other time.
(d) Additional Time After Electronic Service or 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 upon the party electronically or by mail, one (1) day shall be added to the prescribed period.
III. PLEADINGS AND MOTIONS
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
Rule 6 starts with the mechanics of counting days. Skip the day of the triggering event, then count forward and include the last day — unless that last day lands on a Saturday, Sunday, or legal holiday, in which case the deadline rolls to the next day that isn’t one of those.
The rule also tells a court when it can move a deadline. Before a deadline expires, the court may enlarge it, with or without a motion, as long as the request comes in before the original (or previously extended) period runs out. After a deadline has already passed, the court can still allow the act if the missed deadline was the result of excusable neglect. Parties may also agree by stipulation to extend most deadlines, but that stipulation cannot reach the time limits tied to post-trial motions under Rules 50(b), 52(b), 59(b), (d), and (e), and 60(b), except as those rules themselves allow.
For motions, Rule 6 sets a baseline notice period: a written motion and its hearing notice must be served at least ten days before the hearing, unless another rule sets a different period, though the court can shorten this on an ex parte application for cause. An affidavit supporting a motion goes out with the motion itself; affidavits opposing it are due no later than one day before the hearing, unless the court allows different timing or Rule 59(c) says otherwise.
Finally, when a paper is served electronically or by mail rather than handed over in person, the rule adds one extra day to whatever period was triggered by that service.
Frequently Asked Questions
How do I count a deadline under Rhode Island's civil rules?
Don’t count the day of the event that starts the clock — start counting the next day. Count through the last day of the period and include it, unless that last day is a Saturday, Sunday, or legal holiday. If it is, the deadline moves to the next day that isn’t a weekend or holiday.
Can a court still act on something after the deadline has already passed?
Yes, in limited circumstances. If someone missed a deadline because of excusable neglect, they can move the court after the fact to permit the late act. Before the deadline passes, the court has broader discretion and can grant an extension with or without a formal motion.
How much notice does a motion need before its hearing?
Under Rule 6, a written motion and the notice of its hearing generally must be served at least ten days before the hearing date, unless a different period applies under another rule or court order. Supporting affidavits go out with the motion, and opposing affidavits are due no later than one day before the hearing unless the court says otherwise.
Source & verification. The rule text is reproduced verbatim from the
official Rhode Island Superior Court Rules of Civil Procedure (R.I. Super. Ct. R. Civ. P. 6). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: how to calculate a court deadlinecounting days for filingmotion to extend timeexcusable neglect extensionextra day for mailed documentsnotice period before a hearingstipulation to extend deadline