Rule 6 - [Effective 1/1/2025] Computing and extending time(a)Computing time. The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time.(1)Period stated in days or a longer unit. When the period is stated in days or a longer unit of time, exclude the day of the event that triggers the period:(A) count every day, including intermediate Saturdays, Sundays and legal holidays: and(B) include The last day of the period but if the last day is a Saturday, Sunday or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday or legal holiday.(2)Period stated in hours. When the period is stated in hours begin counting immediately on the occurrence of the event that triggers the period; count every hour, including hours during intermediate Saturdays, Sundays and legal holidays; and if the period would end on a Saturday, Sunday or legal holiday, the period continues to run until the same time on the next day that is not a Saturday, Sunday or legal holiday.(3)Inaccessibility of the clerk's office. Unless the court orders otherwise, if the clerk's office is inaccessible:(A) on the last day for filing under Rule 6(a)(1), then the time for filing is extended to the first accessible day that is not a Saturday, Sunday or legal holiday: or(B) during the last hour for filing under Rule 6(a)(2). then the time for filing is extended to the same time on the first accessible day that is not a Saturday, Sunday or legal holiday.(4)"Last Day " defined. Unless a different time is set by a statute or court order, the last day ends: (A) for electronic filing or filing via facsimile, at midnight in the court's time zone; and(B) for filing by other means, when the clerk's office is scheduled to close.(5)"Next Day" defined. The "next day" is determined by continuing to count forward when the period is measured after an event and backward when measured before an event.(6)"Legal Holiday ''defined. "Legal holiday" means:(A) the day set aside by statute for observing New Year's Day, Martin Luther King Jr.'s Birthday, Lincoln's Birthday, Washington's Birthday, Memorial Day, West Virginia Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day Christmas Day,;(B) any day on which a general, special or primary election is held in the State, or in the county in which the circuit court sits; or(C) any day ape declared a holiday by the Governor or by President of the United States or any other legal holiday so designated by the West Virginia Legislature.(b) Extending time.(1)In general. When an act may or shall be done within a specified time, all the parties to the action, by written stipulation filed with the court, may agree at any time to a different period, the court may, for good cause, extend the time: (A) with or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires; or(B) on motion made after the time has expired if the party failed to act because of excusable neglect.(2)Exceptions. A court shall not extend the time to act under Rules 50(b) and (d), 52(b), 59(b), (d) and (e) and 60(c).(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)Motions, notices of hearing and affidavits.(1)in general. Once the parties have completed filing memoranda and responses as provided in subsection (d)(3), the circuit court shall either schedule argument or decide the motion based on the materials submitted. A written motion and notice of the hearing shall be served at least 14 days before the time specified for the hearing, with the following exceptions: (A) When the motion may be heard ex parte:(B) When these rules set a different time:(C) When a court order sets a different time, which the court may do on its own or upon a motion by a party showing good cause: or(D) When the Court sets a different schedule under Rule 16.(2)Supporting affidavit. Any affidavit supporting a motion shall be served with the motion. Except as Rule 59(c) provides otherwise, any opposing affidavit shall be served at least 7 days before the hearing, unless the court permits service at another time.(3)Response and reply memoranda. Memoranda and other materials in response to motions shall be filed and served on opposing counsel and unrepresented parties within 21 days of service of the motion. Any reply memoranda shall be filed and served on opposing counsel and unrepresented parties within 7 days from the date of service of the memorandum in response to the motion. Surreply memoranda may not be filed except by leave of the court. These times for serving memoranda may be modified by the judicial officer to whom the motion is addressed.(e) Additional time after certain kinds of service. When a party may or shall act within a specified time after being served and service is made under Rule 5(b)(2)(C) (mail), (D) (leaving with the clerk), or (F) (other means consented to), 3 days are added after the period would otherwise expire under Rule 6(a).Amended effective 1/1/2025.