TO: Joint Procedure Committee
FROM: Andy Forward
DATE: March 30, 2010
RE: Rule 26, N.D.R.App.P., Computing and Extending Time
Staff has prepared amendments to Rule 26 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 4-39, 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 subdivision (c), lines 45-48, was amended to clarify how to count the three-day extension for service by mail or third-party commercial carrier.
The proposed amendments to Rule 26 are attached, along with a copy of Fed.R.App.P. 26.