M E M O
TO: Joint Procedure Committee
FROM: Gerhard Raedeke
RE: Rule 26, N.D.R.App.P.; Computing and Extending Time
The proposed changes to N.D.R.App.P. 26 are stylistic and respond to the December 1, 1998, federal amendment. The proposal does not adopt the substance of the federal rule.
Unlike North Dakota's rule, Fed.R.App.P. 26(a)(2) and (c) use the terminology "calendar days" as a way of clarifying intermediate Saturdays, Sundays, and legal holidays are excluded from the three days added when service is by mail or commercial carrier. Also, unlike North Dakota's rule, Fed.R.App.P. 26(a)(3) does not include the last day of the period if the act to be done is filing a paper in court on a day when the weather or other conditions make the clerk's office inaccessible.