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 11 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.
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Rule 26 was amended, effective January 1, 1988; March 1, 1999; March 1, 2001.
This rule is patterned upon Fed.R.App.P. 26. The existing legislative definition of "legal holiday" is substituted for the federal definition.
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 the time computations.
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 March 1, 1999, to make the three-day extension for service by mail applicable when service is by commercial carrier.
SOURCES: Joint Procedure Committee Minutes of January 27-28, 2000, pages 16-17; January 29-30, 1998, page 21; February 19-20, 1987, page 7; September 18-19, 1986, page 15; May 25-26, 1978, pages 11-12. Fed.R.App.P. 26.