TO: Joint Procedure Committee
FROM: Andy Forward
DATE: April 10, 2010
RE: Rule 6, N.D.R.Civ.P., Time
Staff has prepared amendments to Rule 6 based on the time computation amendments made to the federal rules. The principal simplifying innovation is to count all days, including intermediate weekends and holidays, in computing time periods under the procedural rules. Under the previous rules, intermediate weekends and holidays were omitted when computing short periods but included when computing longer periods. Under the amended rules, intermediate weekends and holidays are counted regardless of the length of the specified period.
To further simplify time-counting, the federal advisory committees proposed changing most periods of less than 30 days to multiples of 7 days. The advisory committees adopted 7, 14, 21, and 28-day periods when possible, so that deadlines will usually fall on weekdays.
In subdivision (a), lines 5-41, when the period is stated in days, count every day including intermediate weekends and legal holidays. Include the last day of the period unless the last day is a weekend or legal holiday. Definitions of “last day” and “next day” were also added.
In paragraph (b)(2), lines 56-57, the reference to provisions for increasing the times set by provisions in Rules 50, 52, 59, and 60, was eliminated.
In paragraph (d)(1), line 65, the time for a party to serve a written motion and notice of hearing before the scheduled hearing date was changed from 18 days to 21 days.
Attorney Arnold Fleck spoke with and emailed staff about Rule 6. He said proposed Rule 6(a)(6) regarding electronic service appears to conflict with proposed Rule 6(e)(3) and Administrative Order 16(D)(4). He suggests that the Committee consider deleting proposed Rule 6(a)(6).
The proposed amendments to Rule 6 are attached. The proposed amendments are highlighted. Also attached is the email from Arnold Fleck, N.D. Sup. Ct. Admin. Order 16, and N.D.R.Civ.P. 5.