TO: Joint Procedure Committee

FROM: Gerhard Raedeke

RE: Rule 26, N.D.R.App.P.; Computation and Extension of Time

Rule 26, Fed.R.App.P., was amended effective December 1, 1996. The amendment makes the three-day extension for responding to a document served by mail applicable whenever the party being served does not receive the document on the date of service recited in the proof of service. However, if the party being served receives the paper on the same date as the date of service recited in the proof of service, the three-day extension is not available. The amendment is applicable to papers served by commercial carrier as well as when service is by mail.

The federal rule was also amended to clarify weekends and holidays are counted in the three-day extension period. The three-day extension period is not covered by the provision in Rule 26(a) providing weekends and holidays do not count when a period for responding is less than seven days.