United States · Federal civil procedure
How much notice must a written federal civil motion allow?
A written motion and notice of hearing ordinarily must be served at least fourteen days before the specified hearing time. Rule 6(c)(1) excepts ex parte hearings, another rule’s different time and a court order setting another time. Establish the actual hearing and controlling procedure. This guide publishes no calculated date.
- Period
- At least fourteen days before the hearing in the ordinary branch
- Trigger
- The actual time specified for the hearing
- Rule
- FRCP 6(c)(1)
December 1, 2025 compilation
Source guide · No automated date
Establish the actual procedure and conditions
This minimum notice rule has express procedural and court-order exceptions. The guide does not select the actual motion schedule or present every motion as due on one date.
FRCP 6(c)(1)What lawyers say
5.0“The platform is really easy to use.”
Michael B.Employment litigation attorney · California
“The Evidence Record saved us time with our insurance on bankruptcy matters.”
MariaBankruptcy and commercial attorney · London, UK
“The most up-to-date service we could find.”
Li ChenArbitration practitioner · Singapore
Which event starts this procedure?
Read the actual hearing notice and controlling motion schedule.
Check whether the motion may be heard ex parte or another rule sets a different time.
Check an actual order setting another time. A good-cause ex parte application for such an order is not itself a granted change.
FRCP 6(c)(1)Which timing conditions must be established?
- Identify the actual actor, pleading and required act.
- Establish the specified event and applicable order.
- Resolve the material conditions. This guide publishes no calculated date.
- Check final-day conditions and preserve service and filing evidence separately.
Establish the actual future event and applicable minimum lead time. Exclude the hearing or trial event and count backward under Rule 6(a). A final Saturday, Sunday or legal holiday moves backward to an earlier qualifying day. State-declared holidays under Rule 6(a)(6)(C) apply to forward periods only. Check federal and President or Congress declared holidays. Earlier service can satisfy a minimum lead time. This guide does not present the minimum as the only permissible action date.
Exclude the hearing or trial event and count backward under Rule 6(a). A final Saturday, Sunday or legal holiday moves backward to an earlier qualifying day. State-declared holidays under Rule 6(a)(6)(C) apply to forward periods only. Check federal and President or Congress declared holidays. Earlier service can satisfy a minimum lead time.
FRCP 6(a)(1)Why is no automated date published?
This minimum notice rule has express procedural and court-order exceptions. The guide does not select the actual motion schedule or present every motion as due on one date.
Which conditions change the assessment?
- Ex parte hearing
- Rule 6(c)(1)(A) excepts a motion that may be heard ex parte.
- Different rule or order
- Subsections (B) and (C) except a different time under these rules or a court order. Read the actual applicable procedure and order.
- Supporting affidavits
- Rule 6(c)(2) requires a supporting affidavit to be served with the motion. The opposing-affidavit branch is separate.
- This page does not establish effective service, merits, compliance or an actual court grant.
- Service and filing are different acts. Verify both when required.
What should I verify before acting?
Common questions
This procedure and its conditions
Does every written motion require this fourteen-day schedule?
No. The rule expressly excepts an ex parte hearing, a different time under another rule and a court order setting another time.
FRCP 6(c)(1)Does service by mail add three days to this backward notice period?
Rule 6(d) addresses a specified period after being served. It does not automatically add days to this backward notice requirement.
FRCP 6(d)When is a supporting affidavit served?
A supporting affidavit must be served with the motion under Rule 6(c)(2).
FRCP 6(c)(2)Official sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| FRCP 6(c)(1) | This actor, required act, operative event and period |
| FRCP 6(c)(1)(A)–(C) and (2) | Express exceptions and separate affidavits |
| FRCP 6(a)(1) | Event exclusion and intermediate calendar days |
| FRCP 6(a)(3)–(6) and (b)(1) | Actual final-day conditions, filing boundaries and applicable extension limits |