Amendments to the North Dakota Rules as Adopted

Amendments to the North Dakota Rules as Adopted - 980217

RULE 6. TIME

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(e) Additional Time After Service by Mail or Commercial Carrier. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after ~~the~~ service of a notice or other paper ~~upon the party~~ and the notice or paper is served upon the party by mail or third-party commercial carrier, 3 days must be added to the prescribed period. Service by facsimile transmission is not service by mail or third-party commercial carrier for purposes of this rule.

EXPLANATORY NOTE

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.

This rule omits the listing of "legal holidays" found in subdivision (a) of the federal rule. See Chapter 103, NDCC, concerning holidays in North Dakota.

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. See Rule 4(k) and Rule 5(f), N.D.R.Civ.P.

Subdivision (d) was amended, effective March 1, 1997, because Rule 3.2, NDROC, governs when papers supporting or opposing a motion must be served.

SOURCES: Procedure Committee Minutes of 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, FRCivP.

STATUTES AFFECTED:

SUPERSEDED: Sections 28-0739, 28-2803, 28-2815, 28-2816, 28-2817, 28-2818, 28-2902, 28-2903, 28-3006, N.D.Rev. Code 1943.

CROSS REFERENCE: Rules 4 (Persons Subject to Jurisdiction Process Service), 52 (Findings by the Court), 59 (New Trials Amendment of Judgments), and 60 (Relief From Judgment or Order), NDRCivP; Rule 45 (Time, NDRCrimP; Rule 3.2 (Motions), NDROC.