§ RULE 6. TIME

Codes > Colorado Rules of Civil Procedure > Chapter 1 > RULE 6.

RULE 6. TIME

(a) Computation. In computing any period of time prescribed or allowed by these rules, 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 shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday. The term “calendar days” shall mean consecutive days including holidays, Saturdays or Sundays. Unless otherwise specifically ordered, when the period of time prescribed or allowed is less than eleven days and not specified as “calendar days”, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in this Rule, “Legal holiday” includes the first day of January, observed as New Year's Day; the third Monday in January, observed as Martin Luther King Day; the third Monday in February, observed as Washington-Lincoln Day; the last Monday in May, observed as Memorial Day; the fourth day of July, observed as Independence Day; the first Monday in September, observed as Labor Day; the second Monday in October, observed as Columbus Day; the 11th day of November, observed as Veteran's Day; the fourth Thursday in November, observed as Thanksgiving Day; the twenty-fifth day of December, observed as Christmas Day, and any other day except Saturday or Sunday when the court is closed.

(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 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 59 and 60(b), except to the extent and under the conditions therein stated.

(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 which has been pending before it.

(d) 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 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. When a motion is supported by affidavit, the affidavit shall be filed and served within the time allowed for the moving party's brief; and, except as otherwise provided in Rule 59(d), opposing affidavits may be filed and served within the time allowed for filing and serving a responsive brief, unless the court orders some lesser or greater time.

(e) Additional Time After Service Under C.R.C.P. 5(b)(2)(B), (C), or (D). Unless otherwise specifically ordered, whenever a party must or may act within a prescribed period after service is made under C.R.C.P. 5(b)(2)(B), (C), or (D), three calendar days shall be added after the prescribed period would expire under the rule that defines the length of the prescribed period.

COMMITTEE COMMENT.

The three extra days for service under rule 5(b)(2)(B), (C), and (D) are calendar days and do not exclude weekends and holidays. Of course, if the newly-calculated date, after adding the three additional days under Rule 6(e) following service other than personal service, ends on a weekend or holiday, the deadline will be extended to the next business day.

When a deadline for action calculated under Rule 6(a) lands on a Saturday, Sunday or holiday, the three days under Rule 6(e) are to be added from that day, not from the first business day following the originally-determined date. Thus, for example, if a motion is e-filed on a Friday so that the 15-day deadline for filing an answer brief falls on a Saturday, the addition of the three days for service by e-filing would extend the actual filing deadline to the following Tuesday (Saturday deadline, plus Sunday, Monday and Tuesday).