When must I file a Rule 412 evidence motion before a civil trial?

File the motion at least 14 days before trial under FRE 412(c)(1)(B), unless the court sets a different time for good cause. In a federal civil case, count backward under FRCP 6. Serve all parties and notify the victim or appropriate guardian or representative.

Responsible actor. A party seeking to offer evidence under FRE 412(b) in a federal civil proceeding.

Use the operative trial date in the actual scheduling order. A changed trial date or separate evidentiary deadline needs renewed review.

Specify the evidence and the purpose for offering it. Serving the parties and notifying the victim are separate mandatory steps.

FRE 412 applies to civil and criminal proceedings, but this page uses the civil counting procedure only.

Use for the default motion timing in a federal civil case involving alleged sexual misconduct. Criminal proceedings require their own counting rule. Timely filing does not establish admissibility.

1. Establish the actor, procedure and operative trigger.
2. Exclude the trial date and count 14 calendar days backward.
3. Apply final-day weekends, legal holidays and established inaccessibility.
4. Verify filing, any separately required service, and actual case directions.

Exclude the trial date and count 14 calendar days backward, including intermediate weekends and holidays. Under Rule 6(a)(5), a final weekend or legal holiday moves earlier. No service addition applies to a trial-triggered period. Additional state holidays under Rule 6(a)(6)(C) apply only to periods after an event.

The bundled national holiday calendar supports 2026 and 2027. Count intermediate weekends and holidays. Check additional presidential or congressional holidays, state holidays where the applicable rule includes them, actual clerk inaccessibility and case orders. The calculator does not infer those facts.

Fictitious example

Fictitious federal civil trial is scheduled for August 24, 2026. No different Rule 412 motion time, federal holiday or clerk inaccessibility applies.

Fictitious established facts. These examples do not establish the applicable procedure, operative event, valid claim, admissible evidence, granted relief or completed filing and service.

Civil admissibility test

Under Rule 412(b)(2), probative value must substantially outweigh the danger of harm to any victim and unfair prejudice to any party. Reputation evidence is admissible only if the victim placed reputation in controversy.

Different time for good cause

The court may set a different time under 412(c)(1)(B). This calculator uses the ordinary trial-based period and does not infer an order.

Victim notice and party service

Serve all parties and notify the victim or, when appropriate, the victim’s guardian or representative. The rule’s victim definition includes an alleged victim.

Hearing and sealing

Before admitting evidence, the court must conduct an in camera hearing and allow the victim and parties to attend and be heard. Motion, related materials and hearing record remain sealed unless ordered otherwise.

Backward closed-day treatment

Rule 6(a)(5) continues backward for a period before an event. Its additional state-holiday limb applies to periods measured after an event, not this backward period.

• Use for the default motion timing in a federal civil case involving alleged sexual misconduct. Criminal proceedings require their own counting rule. Timely filing does not establish admissibility.
• The civil default supplies a fixed backward period after the trial date is established. The court’s different good-cause time, admissibility and actual notice remain separate facts.

• Check the operative civil trial date and any different court-ordered motion time.
• Describe the evidence specifically and state its proposed purpose.
• Review the civil admissibility test independently.
• Complete party service and victim notification.
• Follow the court’s sealing and in camera hearing procedure.
• FRCP 6(a)(4) ordinarily ends electronic filing at midnight in the court’s time zone and other filing at scheduled clerk closing. A statute, local rule or order can set a different time. Preserve the accepted filing receipt. Sending a paper is not proof of its filing.