RULE 26. COMPUTING AND EXTENDING TIME
(a) Computing time. The following rules apply in computing any period of time specified in these rules or in any local rule, court order, or applicable statute;
(1) Exclude the day of the act, event, or default that begins the period;
(2) Exclude intermediate Saturdays, Sundays, and legal holidays when the period is less than 11 days;
(3) Include the last day of the period unless it is a Saturday, Sunday, or legal holiday;
(4) As used in this rule, "legal holiday" means a day specified as a holiday in N.D.C.C. § 1-03-01.
(b) Extending time. For good cause, the court may extend the time prescribed by these rules or by its order to perform any act, or may permit an act to be done after that time expires. The court may not extend the time to file a notice of appeal, except as authorized by law.
(c) Additional time after service by mail or commercial carrier. When a party is required
or permitted to act within a prescribed period after a paper is served
by mail or
commercial carrier on that party, 3 three days must be added
to the prescribed period unless
the paper is delivered on the date of service stated in the proof of service. For purposes
this rule, a paper that is served electronically is not treated as delivered on the date of service
stated in the proof of service.
Rule 26 was amended, effective January 1, 1988; March 1, 1999; March 1, 2001; March 1, 2003; __________________.
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.
Under subdivision (b), amended effective March 1, 2003, any request for an extension of time should be made within the time originally prescribed or within an extension previously granted.
Subdivision (c) was amended, effective
March 1, 1999, to make the three-day
service by mail applicable when service is by commercial carrier. The requirement for a
"third-party commercial carrier" means the carrier may not be a party to nor interested in the
action, and it must be the regular business of the carrier to make deliveries for profit. A law
firm may not act as or provide its own commercial carrier service with service complete
upon deposit _______________, to clarify that, unless a paper is delivered on the
service as stated in the proof of service, three days are added to the prescribed period.
Rule 26 was amended, effective March 1, 2003, in response to the December 1, 1998, amendments to Fed.R.App.P. 26. 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.
Sources: Joint Procedure Committee Minutes of January 25, 2007, pages 17-19; September 27-28, 2001, pages 4-5; 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.
Cross Reference: N.D.R.App.P. 25 (Filing and Service); N.D. Sup. Ct. Admin. Order 14 (Electronic Filing Pilot Project).