RULE 6. COMPUTING AND EXTENDING TIME
Computation Computing Time. In The following rules apply in computing any time period of time prescribed or allowed by specified in these rules, by the or in any local rules of any district court rule, by order of court order, or by any applicable statute ,:
(1) Day of the Event Excluded. Exclude the day of the act, event, or default
from which the designated that begins the period of time begins to run may not be included.
(2) Exclusions from Brief Periods. Exclude intermediate Saturdays, Sundays and legal holdiays when the period is less than 11 days.
(3) Last Day.
The Include the last day of the period so computed must be included, unless it is a Saturday, a Sunday, or a legal holiday, or, -- if the act to be done is filing a paper in court -- a day on which weather or other conditions make the clerk's office inaccessible. When the last day is excluded, which that is not a Saturday, a Sunday, or a legal holiday or day when the clerk's office is inaccessible. When the period of time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays, and legal holidays must be excluded in the computation.
(4) Electronic Service. Service by
facsimile transmission electronic means must be completed by 5:00 p.m., receiver's time, on a weekday , which that is not a legal holiday, or service is considered made on the following weekday which that is not a legal holiday.
Enlargement Extending Time.
(1) In General. When an act
is required or allowed to may or must be done at or within a specified time, the court may, for good cause, shown may at any extend the time:
in its discretion (1) with or without motion or notice order the period enlarged if a request for enlargement is made before expiration of the period originally prescribed or as extended by a previous order, if the court acts, or if a request is made, before the original time or its extension expires; or (2) upon (B) on motion made after expiration of the specified period permit the act to be done the time has expired if the failure party failed to act was the result because of excusable neglect ;.
(2) Exceptions. A court must
but it may not extend the time for taking any action to act under Rules 4(e) (7), 52(b), 59(c), (i) and (j), and 60(b), except to the extent and under the conditions stated in them as those rules allow.
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 is pending. [Rescinded]
For motions- Affidavits Motions and Notices of Hearing.
(1) In General. A written motion
, other than one which may be heard ex parte, and notice of the motion must be served at least 18 days before the motion may be heard, unless a different period is fixed by rule or court order. with the following exceptions: A party (A) when the motion may apply be heard ex parte for the court to hear a motion sooner than 18 days after service of the motion. ;
(B) when these rules set a different period; or
(C) when a court order -- which a party may, for good cause, apply for ex parte -- sets a different period.
(e) Service by mail or commercial carrier.
(1) Whenever a party must or may act within a prescribed period after service and service is made by mail or third-party commercial carrier under Rule 5, three days are added after the prescribed period would otherwise expire under N.D.R.Civ.P. 6(a).
(2) If service is made by mail or third-party commercial carrier under Rule 4, the prescribed period begins running upon delivery.
(3) Service by
facsimile transmission electronic means is not service by mail or third-party commercial carrier for purposes of this rule.
Rule 6 was amended, effective 1971; March 1, 1990; on an emergency basis, March 1, 1992; January 1, 1995; March 1, 1997; March 1, 1999; March 1, 2001; March 1, 2004: March 1, 2007: __________________.
This rule omits the listing of "legal holidays" found in subdivision (a) of the federal rule. See Legal holidays in North Dakota are listed in N.D.C.C. ch. 1-03 , concerning holidays in North Dakota.
Rule 6 was amended, effective _______________, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Subdivision (a) was amended, effective March 1, 2001, to extend the period from 7 days to 11 days when intermediate Saturdays, Sundays, and legal holidays are excluded from time computations.
Subdivision (d) was amended, effective March 1, 1997, because Rule 3.2, N.D.R.Ct., governs when papers supporting or opposing a motion must be served. The March 1, 2001 amendment changes from 14 to 18 days when a motion must be served before it may be heard.
Subdivision (e) was amended, effective March 1, 1999, to make the three-day extension for service by mail applicable when service is via commercial carrier. The proof of service must contain the date of mailing or deposit with the commercial carrier.
Subdivision (e) was amended, effective March 1, 2004, to restrict applicability of the three-day extension for service by mail or commercial carrier to items served under Rule 5. The time of service for an item served by mail or commercial carrier under Rule 4 is the time the item is delivered to or refused by the recipient.
Subdivision (e) was amended, effective March 1, 2007, to clarify how to count the three-day extension for service by mail or commercial carrier.
Sources: Joint Procedure Committee Minutes of ________________; April 27-28, 2006, pages 6-7; January 26, 2006, page 11; January 30-31, 2003, pages 4-6; September 26-27, 2002, pages 15-18; January 27-28, 2000, pages 16-17; September 23-24, 1999, pages 20-21; January 29-30, 1998, page 18; April 25, 1996, pages 8-11; April 28-29, 1994, pages 15-17; January 27-28, 1994, pages 24-25; September 23-24, 1993, pages 14-16 and 20; April 29-30, 1993, page 20; November 7-8, 1991, page 3; October 25-26, 1990, page 12; April 20, 1989, page 2; December 3, 1987, page 11; June 22, 1984, pages 30-31; September 20-21, 1979, pages 5-6;
Rule 6, Fed.R.Civ.P. 6.
Superseded: N.D.R.C. 1943 §§ 28-0739, 28-2803, 28-2815, 28-2816, 28-2817, 28-2818, 28-2902, 28-2903, 28-3006 Considered: N.D.C.C. ch. 1-03.
Cross Reference: N.D.R.Civ.P. 4 (Persons Subject to Jurisdiction - Process - Service), N.D.R.Civ.P. 5 (Service and Filing of Pleadings and Other Papers), N.D.R.Civ.P. 52 (Findings by the Court), N.D.R.Civ.P. 59 (New Trials - Amendment of Judgments), and N.D.R.Civ.P. 60 (Relief From Judgment or Order); N.D.R.Crim.P. 45 (Time); N.D.R.Ct. 3.2 (Motions).