M E M O
TO: Joint Procedure Committee
FROM: Gerhard Raedeke
RE: Rule 6, N.D.R.Civ.P.; Time
Currently, under N.D.R.Civ.P. 6(a): "When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays must be excluded in the computation." The Committee has a request to exclude Saturdays, Sundays, and legal holidays from the time computation, when the period of time prescribed or allowed is less than 11 days.
Rule 6, Fed.R.Civ.P., was amended, effective August 1, 1985, to change the period from 7 days to 11 days. The September 27, 1985, Joint Procedure Committee minutes indicate the Committee considered the 1985 federal amendment, but decided not to follow the federal rule. No explanation is given as to why the Committee decided not to follow the federal amendment.
Subsequently, the Committee extended the time for making post-judgment motions from 10 to 15 days. The Committee reasoned 15 days should be allowed, instead of the 10 days allowed by the federal rules. Because unlike federal practice, under N.D.R.Cvi.P. 6(a) intermediate Saturdays, Sundays, and legal holidays are not excluded from the time computation when 10 days are allowed for making a post-judgment motion. Minutes of the Joint Procedure Comm. 11 (Sept. 27, 1996).
North Dakota's other rules of procedure also exclude intermediate Saturdays, Sundays, and legal holidays when the period of time prescribed as less than 7 days. See N.D.R.Crim.P. 45(a); N.D.R.App.P. 26(a). In addition, like North Dakota's rules, Minn.R.Civ.P. 6.01 uses 7 days instead of 11 days like the federal rule.
Should N.D.R.Civ.P. 6 be amended to allow more time by excluding intermediate Saturdays, Sundays, and legal holidays when the period of time prescribed or allowed is less than 11 days?