RULE 6. COMPUTING AND EXTENDING TIME; TIME FOR MOTION PAPERS
Computation Computing Time.
In The following rules apply in computing any time
period of time prescribed or allowed by specified in these rules,
by the or in any local rules
of any district court rule, by order of court
order, or by any applicable statute ,
that does not
specify a method of computing time.
(1) Period Stated in Days or a Longer Unit. When the period is stated in days or a longer unit of time:
(A) exclude the day of the
act, event , or default from which the designated
that triggers the
period; of time begins to run may not be included.
(B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and
(C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.
(2) Period Stated in Hours. When the period is stated in hours:
(A) begin counting immediately on the occurrence of the event that triggers the period;
(B) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and
(C) if the period would end on a Saturday, Sunday, or legal holiday, the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday.
(3) Inaccessibility of the Clerk's Office. Unless the court orders otherwise, if the clerk's office is inaccessible:
(A) on the last day for filing under Rule 6(a)(1), then the time for filing is extended to the first accessible day that is not a Saturday, Sunday, or legal holiday; or
(B) during the last hour for filing under Rule 6(a)(2), then the time for filing is extended to the same time on the first accessible day that is not a Saturday, Sunday, or legal holiday.
(4) "Last Day" Defined.
The last day of the
period so computed must be included, unless
it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of
the next day which is not a Saturday, a Sunday, or a legal holiday. When the period of time
prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays, and legal
holidays must be excluded in the computation.
Unless a different time is set by a statute, local rule, or court order, the last day ends:
(A) for electronic filing, at midnight in the court's time zone; and
(B) for filing by other means, when the clerk's office is scheduled to close.
(5) "Next Day" Defined. The "next day" is determined by continuing to count forward when the period is measured after an event and backward when measured before an event.
Service by facsimile transmission must be completed by
5:00 p.m., receiver's time, on a
weekday, which is not a legal holiday, or service is considered made on the following
weekday which is not a legal holiday.
(1) In General. When an act
is required or
allowed to may or must be done at or within a
specified time, the court may, for good cause, shown
may at any extend the time:
in its discretion (1) with or
without motion or notice order the period enlarged if a
request for enlargement is made before expiration of the period originally prescribed or as
extended by a previous order, if the court acts, or if a request is made, before the
time or its extension expires; or (2) upon (B) on motion made after
expiration of the specified period permit the act to be
done the time has expired if the failure party
failed to act was the result because of excusable
(2) Exceptions. A court cannot
but it may
not extend the time for taking any action to act
under Rules 4(e)(7), 52(b), 59(c), (i) and (j), and 60(b) , except to the extent and under
conditions stated in them.
Unaffected by expiration of term. The period of time
provided for the doing of any act
or the taking of any proceeding is not affected or limited by the continued existence or
expiration of a term of court. The continued existence or expiration of a term of court in no
way affects the power of a court to do any act or take any proceeding in any civil action
which is pending. [Rescinded]
For motions- Affidavits Motions and
Notices of Hearing.
(1) In General. A written motion
, other than one
which may be heard ex parte, and notice
of the motion must be served at least 18 21 days before the
motion may be heard, unless a
different period is fixed by rule or court order. with the following
exceptions: A party (A) when the
motion may apply be heard ex parte for
the court to hear a motion
sooner than 18 days after service of the motion. ;
(B) when these rules set a different period; or
(C) when a court order -- which a party may, for good cause, apply for ex parte -- sets a different period.
(e) Service Made Electronically, by Mail or Third-Party Commercial Carrier.
(1) Whenever a party must or may act within a prescribed period after service and service is made electronically, by mail or third-party commercial carrier under Rule 5, three days are added after the prescribed period would otherwise expire under N.D.R.Civ.P. 6(a).
(2) If service is made by mail or third-party commercial carrier under Rule 4, the prescribed period begins running upon delivery.
(3) For purposes of computation of time, any document electronically served must be treated as if it were mailed on the date of transmission.
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; March 1, 2001; March 1, 2004: March 1, 2007; March 1, 2009; March 1, 2011.
This rule omits the listing of "legal holidays" found in
subdivision (a) of the federal rule.
See Legal holidays in North Dakota are listed in N.D.C.C. ch.
1-03 , concerning holidays in
Rule 6 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. 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.
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 time
Subdivision (a) was amended, effective March 1, 2011, to simplify and clarify the provisions that describe how deadlines are computed. Under the previous rule, intermediate weekends and holidays were omitted when computing short periods but included when computing longer periods. Under the amended rule, intermediate weekends and holidays are counted regardless of the length of the specified period.
Paragraph (b)(2) was amended, effective March 1, 2011, to eliminate the exception for extending the times set by provisions in Rules 4(e)(7), 52(b), 59(c), (i) and (j), and 60(b).
Subdivision (d) was amended, effective March 1, 1997, because Rule 3.2, N.D.R.Ct., governs when papers supporting or opposing a motion must be served. The March 1, 2001, amendment changes from 14 to 18 days when a motion must be served before it may be heard.
Paragraph (d)(1) was amended, effective March 1, 2011, to change from 18 to 21 days when a motion must be served before it may be heard.
Subdivision (e) was amended, effective March 1, 1999, to make the three-day extension for service by mail applicable when service is via third-party commercial carrier. The proof of service must contain the date of mailing or deposit with the third-party commercial carrier.
Subdivision (e) was amended, effective March 1, 2004, to restrict applicability of the three-day extension for service by mail or third-party commercial carrier to items served under Rule 5. The time of service for an item served by mail or third-party commercial carrier under Rule 4 is the time the item is delivered to or refused by the recipient.
Subdivision (e) was amended, effective March 1, 2007, to clarify how to count the three-day extension for service by mail or third-party commercial carrier.
Subdivision (e) was amended, effective March 1, 2009, to provide that a document served by electronic means is treated as if it were mailed on the date of transmission. Service by electronic means includes service by facsimile transmission.
Sources: Joint Procedure Committee Minutes of April 29-30,
2010, pages 4-5; April 24-25,
2008; January 24, 2008, page 15; April 27-28, 2006, pages 6-7; January 26, 2006, page
January 30-31, 2003, pages 4-6; September 26-27, 2002, pages 15-18; January 27-28, 2000,
pages 16-17; September 23-24, 1999, pages 20-21; 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;
Superseded: N.D.R.C. 1943 §§ 28-0739,
28-2803, 28-2815, 28-2816, 28-2817, 28-2818, 28-2902, 28-2903, 28-3006
Considered: N.D.C.C. ch. 1-03.
Cross Reference: N.D.R.Civ.P. 4 (Persons Subject to Jurisdiction - Process - Service), N.D.R.Civ.P. 5 (Service and Filing of Pleadings and Other Papers), N.D.R.Civ.P. 52 (Findings by the Court), N.D.R.Civ.P. 59 (New Trials - Amendment of Judgments), and N.D.R.Civ.P. 60 (Relief From Judgment or Order); N.D.R.Crim.P. 45 (Time); N.D.R.Ct. 3.2 (Motions).