Amendments to the North Dakota Rules as Adopted

Amendments to the North Dakota Rules as Adopted - 980217

RULE 26. COMPUTATION AND EXTENSION OF TIME

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(c) Additional Time After Service by Mail or Commercial Carrier. Whenever a party is required or permitted to do an act within a prescribed period after service of a paper ~~upon that party~~ and the paper is served by mail or third-party commercial carrier, 3 days must be added to the prescribed period.

EXPLANATORY NOTE

Rule 26 was amended, effective January 1, 1988; March 1, 1999.

This rule is patterned upon Rule 26, FRAppP. ~~Provisions of the Federal Rule with respect to petitions for allowance, applications for permission to appeal, and appeals from advisory agencies are omitted.~~ The existing legislative definition of "legal holiday" is substituted for the federal definition.

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.

SOURCES: Procedure Committee Minutes of 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. Rule 26, FRAppP.