COMPUTATION AND EXTENSION OF TIME
COMPUTING AND EXTENDING 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,
(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:
the day of the act, event, or default from which the designated period of time begins to run must not be included.
(1) Exclude the day of the act, event, or default that begins the period;
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 11 days, intermediate Saturdays, Sundays, and legal holidays must be excluded in the computation.
(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;
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.
(4) As used in this rule, "legal holiday" means a day specified as a holiday in N.D.C.C. § 1-03-01.
(b) Enlargement of Time. The supreme court for good cause shown upon motion may enlarge the time prescribed by these rules or by its order for doing any act, or may permit an act to be done after the expiration of that time; but the court may not enlarge the time for filing a notice of appeal.
(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 after Service by Mail or Commercial Carrier. Whenever When a party is required or permitted to do an act within a prescribed period after service of a paper and the paper is served by mail or third-party commercial carrier on that party, 3 days must be added to the prescribed period.
Rule 26 was amended, effective January 1, 1988; March 1, 1999; March 1, 2001; March 1, 2003.
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.
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 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. 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.
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 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.