RULE 26. COMPUTATION AND EXTENSION OF TIME

(a) Computation of Time. In computing any period of time prescribed by these rules, by an order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run must not be included. The last day of the period must be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period extends until the end of the next day which is not a Saturday, a Sunday, or a legal holiday. If the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays must be excluded in the computation. As used in this rule "legal holiday" includes all those days specified as holidays in Section 1-03-01, North Dakota Century Code, and amendments thereto.

(b) Enlargement of Time. The supreme court for good cause shown upon motion may enlarge the time prescribed by these rules or by its order for doing any act, or may permit an act to be done after the expiration of that time; but the court may not enlarge the time for filing a notice of appeal.

(c) Additional Time After Service by Mail. Whenever a party is required or permitted to do an act within a prescribed period after service of a paper upon that party, and the paper is served by mail, 3 calendardays must be are added to the prescribed period unless the paper is delivered on the date of service stated in the proof of service.

EXPLANATORY NOTE

Rule 26 was amended, effective January 1, 1988; .

This rule is patterned upon Rule 26, FRAppP. Provisions of the Federal Rule with respect to petitions for allowance, applications for permission to appeal, and appeals from advisory agencies are omitted. The existing legislative definition of "legal holiday" is substituted for the federal definition.

Subdivision (c) was amended, effective January 1, 1988, to track the 1986 amendment to the Federal Rule. The amendment is technical in nature with no substantive change.

Subdivision (c) was amended, effective to provide a three calendar day extension for responding to a document when a document is not delivered on the date of service.

SOURCES: Procedure Committee Minutes of ; February 19-20, 1987, page 7; September 18-19, 1986, page 15; May 25-26, 1978, pages 11-12. Rule 26, FRAppP.