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Rule 6.Time

Part II: Commencement of Action; Service of Process, Pleadings, Motions and Orders · Last amended May 1, 2024 · Last verified July 13, 2026

In one sentenceRule 6 explains how to count deadlines under Utah's civil rules, when a court can extend a deadline, and what extra time applies for mail service, unrepresented parties, and inmates.

Full Text of Rule 6

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Computing time. The following rules apply in computing any time period specified in these rules, any local rule or court order, or in any statute that does not specify a method of computing time.
(1) When the period is stated in days or a longer unit of time:
(A) exclude the day of the event that triggers the period;
(B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and
(C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday or legal holiday.
(2) When the period is stated in hours:
(A) begin counting immediately on the occurrence of the event that triggers the period;
(B) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and
(C) if the period would end on a Saturday, Sunday, or legal holiday, the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday.
(3) Unless the court orders otherwise, if the clerk’s office is inaccessible:
(A) on the last day for filing under Rule 6(a)(1), then the time for filing is extended to the first accessible day that is not a Saturday, Sunday or legal holiday; or
(B) during the last hour for filing under Rule 6(a)(2), then the time for filing is extended to the same time on the first accessible day that is not a Saturday, Sunday, or legal holiday.
(4) Unless a different time is set by a statute or court order, filing on the last day means:
(A) for electronic filing, before midnight; and
(B) for filing by other means, the filing must be made before the clerk’s office is scheduled to close.
(5) The “next day” is determined by continuing to count forward when the period is measured after an event and backward when measured before an event.
(6) “Legal holiday” means the day for observing:
(A) New Year’s Day;
(B) Dr. Martin Luther King, Jr. Day;
(C) Washington and Lincoln Day;
(D) Memorial Day;
(E) Juneteenth National Freedom Day (as recognized by the Utah Legislature as the third Monday of June);
(F) Independence Day;
(G) Pioneer Day;
(H) Labor Day;
(I) Columbus Day;
(J) Veterans’ Day;
(K) Thanksgiving Day;
(L) Christmas; and
(M) any day designated by the Governor or Legislature as a legal holiday.
(b) Extending time.
(1) When an act may or must be done within a specified time, the court may, for good cause, extend the time:
(A) with or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires; or
(B) on motion made after the time has expired if the party failed to act because of excusable neglect.
(2) A court must not extend the time to act under Rules 50(b) and (d), 52(b), 59(b), (d) and (e), and 60(c).
(c) Additional time after service by mail. When a party may or must act within a specified time after service and service is made exclusively by mail under Rule 5(b)(3)(C)(i), 7 days are added after the period would otherwise expire under paragraph (a).
(d) Response time for an unrepresented party. When a party is not represented by an attorney, does not have an electronic filing account, and may or must act within a specified time after the filing of a paper, the period of time within which the party may or must act is counted from the service date and not the filing date of the paper.
(e) Filing or service by inmate.
(1) For purposes of Rule 45(i) and this paragraph (e), an inmate is a person confined to an institution or committed to a place of legal confinement.
(2) Papers filed or served by an inmate are timely filed or served if they are deposited in the institution’s internal mail system on or before the last day for filing or service. Timely filing or service may be shown by a contemporaneously filed notarized statement or written declaration setting forth the date of deposit and stating that first-class postage has been, or is being, prepaid, or that the inmate has complied with any applicable requirements for legal mail set by the institution. Response time will be calculated from the date the papers are received by the court, or for papers served on parties that do not need to be filed with the court, the postmark date the papers were deposited in U.S. mail.
(3) The provisions of paragraph (e)(2) do not apply to service of process, which is governed by Rule 4.

Amendment History

Amended effective November 1, 1997; April 1, 1999; April 1, 2000; November 1, 2001; November 1, 2003; April 1, 2004; May 1, 2014; May 1, 2016; May 1, 2018; May 1, 2021; May 1, 2024.

Advisory Committee Notes

Advisory Committee Notes

The 2000 amendment attempts to clarify the interplay between Rules 6(a) and 6(e) by providing that the three extra days of response time that are added under Rule 6(e) following service of a paper by mail are not counted when determining whether to exclude weekends and holidays from the response time under Rule 6(a). This approach is consistent with the approach taken by the majority of federal courts that have interpreted the corresponding provisions of Rule 6 of the Federal Rules of Civil Procedure.

Plain-English Summary

Rule 6(a) supplies the default method for counting any time period set by the civil rules, a local rule, a court order, or a statute that doesn't specify its own method. For periods stated in days, the triggering day is excluded from the count, every day counts — including weekends and holidays — and the last day counts too, unless it falls on a Saturday, Sunday, or legal holiday, in which case the period runs until the end of the next day that isn't one of those. Periods stated in hours work similarly: counting starts immediately when the triggering event occurs, every hour counts including those on weekends and holidays, and a period that would end on a weekend or holiday instead runs until the same time on the next business day. If the clerk's office is inaccessible on the last day for filing, the deadline extends to the next accessible day that isn't a weekend or holiday. And "filing on the last day" has its own cutoff: before midnight for electronic filing, or before the clerk's office is scheduled to close for other filing methods. The rule also lists the legal holidays that count toward these computations, from New Year's Day and Juneteenth through Pioneer Day, Thanksgiving, and Christmas, plus any day the Governor or Legislature designates as a holiday.

Rule 6(b) gives courts room to extend deadlines for good cause — either before the original deadline (or an earlier extension) expires, with or without a motion, or after the deadline has passed if the party's failure to act resulted from excusable neglect. That flexibility has real limits, though: a court cannot extend the time to act under several post-trial and post-judgment rules — Rule 50(b) and (d), Rule 52(b), Rule 59(b), (d), and (e), and Rule 60(c) — deadlines the rules treat as fixed regardless of the circumstances.

Three more provisions adjust the clock for particular situations. Rule 6(c) adds seven days to a deadline when a party's time to act runs from service made exclusively by mail. Rule 6(d) protects unrepresented parties without an e-filing account by counting their response time from the date they were served with a paper, rather than the date it was filed with the court. And Rule 6(e) applies a mailbox rule for inmates: a paper is timely filed or served if deposited in the institution's internal mail system by the deadline, which can be shown through a notarized statement or written declaration describing the deposit date and postage, with the response clock running from the date the court receives the papers, or from the postmark date for papers served on parties but not filed with the court. That inmate mailbox rule does not apply to service of process, which stays governed by Rule 4.

Frequently Asked Questions

How do I count a deadline stated in days under the Utah rules?

Exclude the day of the triggering event, count every day after that including weekends and holidays, and include the last day of the period — unless that last day is a Saturday, Sunday, or legal holiday, in which case the deadline pushes to the end of the next day that isn't one of those.

What happens if my deadline falls on a holiday or weekend?

The deadline automatically extends to the next day that isn't a Saturday, Sunday, or legal holiday. Rule 6(a) lists the recognized legal holidays, including New Year's Day, Juneteenth, Pioneer Day, Labor Day, Thanksgiving, and Christmas, among others.

Can I get more time to file something in a Utah civil case?

Often, yes. Rule 6(b) lets a court extend a deadline for good cause, either before it expires or, if it already passed, on a later motion showing the delay was the result of excusable neglect.

Are there deadlines a Utah court cannot extend?

Yes. Rule 6(b)(2) specifically bars extensions for the time limits in Rule 50(b) and (d), Rule 52(b), Rule 59(b), (d), and (e), and Rule 60(c) — mostly post-trial and post-judgment motion deadlines.

Do I get extra time if I was served by mail?

Yes. Rule 6(c) adds seven days to your deadline when the period runs from service made exclusively by mail under Rule 5(b)(3)(C)(i).

If I don't have a lawyer, when does my response time start?

Under Rule 6(d), if you're unrepresented and don't have an e-filing account, your time to respond runs from the date you were served with the paper, not the date it was filed with the court.

How does an incarcerated person meet a filing deadline?

Rule 6(e) treats a filing or service as timely if it's deposited in the institution's internal mail system by the deadline, which can be shown with a notarized statement or written declaration. This mailbox rule doesn't apply to service of process, which remains governed by Rule 4.

Source & verification. Rule text, Advisory Committee Notes, and amendment history are reproduced verbatim from the Utah Rules of Civil Procedure, adopted by the Utah Supreme Court. Last verified July 13, 2026. · Official source
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