United States · Federal civil procedure
When must an affidavit opposing a federal civil motion be served?
Except as Rule 59(c) provides otherwise, an opposing affidavit must be served at least seven days before the hearing unless the court permits service at another time. The supporting affidavit goes with the motion. Establish the hearing, procedure and actual permission. This guide calculates no date.
- Period
- At least seven days before the hearing unless the rule or court permits another time
- Trigger
- The actual motion hearing, with the applicable affidavit procedure established
- Rule
- FRCP 6(c)(2)
December 1, 2025 compilation
Source guide · No automated date
Establish the actual procedure and conditions
The rule sets minimum hearing notice and expressly permits different service timing. This guide does not select an actual court schedule.
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Which event starts this procedure?
Establish the actual hearing and identify the affidavit as opposing rather than supporting.
Check whether Rule 59(c) supplies the applicable new-trial affidavit procedure.
Read any actual court permission allowing service at a different time.
FRCP 6(c)(2)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?
The rule sets minimum hearing notice and expressly permits different service timing. This guide does not select an actual court schedule.
Which conditions change the assessment?
- New-trial procedure
- Rule 59(c) separately gives the opposing party fourteen days after being served to file opposing affidavits when the new-trial motion is based on affidavits.
- Actual court permission
- Rule 6(c)(2) permits the court to allow opposing-affidavit service at another time. Obtain and preserve the actual permission.
- Supporting affidavit
- An affidavit supporting a motion must be served with the motion. Do not apply the opposing-affidavit timing to it.
- 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 this seven-day branch govern a Rule 59(c) opposing affidavit?
No. Rule 6(c)(2) expressly excepts Rule 59(c). That procedure uses a forward period after being served.
FRCP 59(c)May the court permit another service time?
Yes. Rule 6(c)(2) expressly permits the court to allow service at another time.
FRCP 6(c)(2)Does the same time apply to a supporting affidavit?
No. The supporting affidavit must be served with the motion.
FRCP 6(c)(2)Official sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| FRCP 6(c)(2) | This actor, required act, operative event and period |
| FRCP 59(c) | Separate new-trial affidavit filing period |
| 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 |