COMPUTATION AND EXTENSION OF TIME
COMPUTATION 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. But the court may not extend the time to file a notice of appeal (except as authorized in Rule 4).
(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;____________________.
This rule is patterned upon F.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.
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.
Rule 26 was revised stylistically, effective _______________________________, in response to the December 1, 1998, amendment to Fed.R.App.P. 26.
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: Joint Procedure Committee Minutes of ____________________; 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.