Indiana Rules of Trial Procedure

Rule 6. Time

Effective January 1, 2025

(A) Computation.

In computing any period of time prescribed or allowed by these rules, by order of the court, or by any applicable statute, 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 is to be included unless it is:

(1) a Saturday,

(2) a Sunday,

(3) a legal holiday as defined by state statute, or

(4) a day the office in which the act is to be done is closed during regular business hours.

In any event, the period runs until the end of the next day that is not a Saturday, a Sunday, a legal holiday, or a day on which the office is closed. When the period of time allowed is less than seven days, intermediate Saturdays, Sundays, legal holidays, and days on which the office is closed must be excluded from the computations.

(B) Automatic Enlargement of time.

A party may receive one automatic thirty-day enlargement of time to respond to a complaint or other pleading by filing a notice with the court. The notice must include the date when the response was initially due and the date to which time is enlarged. If the party files the notice on or before the original due date, the enlargement is granted without a written order by the court.

(C) Other Requests for Enlargement of time.

Except for the automatic enlargement of time allowed in subdivision (B), when an act is required or allowed to be done at or within a specific time by these rules, the court may upon motion:

(1) if the request is made before the time has expired, order the time enlarged for cause shown; or

(2) if the request is made after the time has expired, order the time enlarged where the failure to act was the result of excusable neglect. However, the court may not extend the time under Rules 50(A), 52(B), 56, 59(C), 59(E), or 60(B), except as stated in those rules.

(D) Response and Reply Deadlines.

Except as otherwise provided in these rules or ordered by the court, the following times apply:

(1) Pleadings. A response to a pleading must be filed within twenty days after service of the pleading.

(2) Motions. A response to a motion must be filed within twenty days after service. Any reply must be filed within fourteen days after service of the response.

These deadlines do not apply to motions to continue under Rule 7, summary judgment motions under Rule 56, and motions to correct error under Rule 59.

(E) Time to serve motions.

A written motion, other than one which may be heard ex parte, and notice of the hearing thereof must be served not less 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.

(F) Affidavits.

When a motion is supported by affidavit, the affidavit must be served with the motion; and, except as otherwise provided in Rule 59(D), opposing affidavits may be served not less than one day before the hearing, unless the court permits them to be served at some other time.

(G) Additional time after service by United States mail.

Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by United States mail, three days must be added to the prescribed period.

(H) Dissolution Actions--Sixty-day waiting period.

A cause for dissolution of marriage or for legal separation must not be tried or heard by any court until after the expiration of sixty days from the date of the filing of the petition or from the date of the publication of the first notice to a nonresident.

(I) Local Rules Abrogated.

Any local rule in contradiction with any provision within this rule is abrogated.