RULE 26. COMPUTING AND EXTENDING TIME
1 (a) Computing Time. The following rules apply in computing any period of
2 time specified in these rules or in any local rule, court order, or in any statute that
3 does not specify a method of computing time:
4 (1) Period Stated in Days or a Longer Unit. When the period is stated in
5 days or a longer unit of time:
6 (A) exclude the day of the event that triggers the period;
7 (B) count every day, including intermediate Saturdays, Sundays, and legal
8 holidays; and
9 (C) include the last day of the period, but if the last day is a Saturday,
10 Sunday, or legal holiday, the period continues to run until the end of the next day
11 that is not a Saturday, Sunday, or legal holiday.
12 (2) Period Stated in Hours. When the period is stated in hours:
13 (A) begin counting immediately on the occurrence of the event that triggers
14 the period;
15 (B) count every hour, including hours during intermediate Saturdays,
16 Sundays, and legal holidays; and
17 (C) if the period would end on a Saturday, Sunday, or legal holiday, the
18 period continues to run until the same time on the next day that is not a Saturday,
19 Sunday, or legal holiday.
20 (3) Inaccessibility of the Clerk's Office. Unless the court orders otherwise, if the
21 clerk's office is inaccessible:
22 (A) on the last day for filing under Rule 26(a)(1), then the time for filing is
23 extended to the first accessible day that is not a Saturday, Sunday, or legal holiday;
25 (B) during the last hour for filing under Rule 26(a)(2), then the time for
26 filing is extended to the same time on the first accessible day that is not a Saturday,
27 Sunday, or legal holiday.
28 (4) "Last Day" Defined. Unless a different time is set by a statute, local rule,
29 or court order, the last day ends:
30 (A) for electronic filing, at midnight in the court's time zone;
31 (B) for filing by mail or third-party commercial carrier, at the latest time for
32 the method chosen for delivery to the post office or third-party commercial carrier;
34 (C) for filing by other means, when the clerk's office is scheduled to close.
35 (5) "Next Day" Defined. The "next day" is determined by continuing to
36 count forward when the period is measured after an event and backward when
37 measured before an event.
As used in this rule, "legal holiday" means a day specified as a
in N.D.C.C. § 1-03-01. "Legal Holiday" Defined. As
used in this rule, "legal
40 holiday" means:
41 (A) a day set aside as a holiday under N.D.C.C. ch. 1-03; or
42 (B) any day declared a public holiday by the President of the United States
43 or the Governor of North Dakota.
44 (b) Extending Time. For good cause, the court may extend the time
45 prescribed by these rules or by its order to perform any act, or may permit an act to
46 be done after that time expires. The court may not extend the time to file a notice
47 of appeal, except as authorized by law.
48 (c) Additional Time after Service by Mail or Third-Party Commercial
49 Carrier. When a party may or must act within a specified time after service, three
50 days must be added after the period would otherwise expire, unless the document
51 is delivered on the date of service stated in the proof of service. For purposes of
52 this rule, a document that is served electronically is not treated as delivered on the
53 date of service stated in the proof of service.
54 EXPLANATORY NOTE
55 Rule 26 was amended, effective January 1, 1988; March 1, 1999; March 1,
56 2001; March 1, 2003; March 1, 2008; March 1, 2011; October 1,
57 2014;____________. The explanatory note was amended, effective March 1, 2014.
58 Subdivision (a) was amended, effective March 1, 2011, to simplify and
59 clarify the provisions that describe how deadlines are computed. Under the
60 previous rule, intermediate weekends and holidays were omitted when computing
61 short periods but included when computing longer periods. Under the amended
62 rule, intermediate weekends and holidays are counted regardless of the length of
63 the specified period.
64 Paragraph (a)(6) was amended, effective________________, to clarify the
65 definition of "legal holiday".
66 Under subdivision (b), amended, effective March 1, 2003, any request for
67 an extension of time should be made within the time originally prescribed or
68 within an extension previously granted.
69 Subdivision (c) was amended, effective March 1, 2008, to clarify that,
70 unless a document is delivered on the date of service as stated in the proof of
71 service, three days are added to the prescribed period.
72 Subdivision (c) was amended, effective March 1, 2011, to clarify how to
73 count the three-day extension for service by mail or commercial carrier. Under the
74 amendment, a party that is required or permitted to act within a prescribed period
75 should first calculate that period, without reference to the 3-day extension, but
76 applying the other time computation provisions of these rules. After the party has
77 identified the date on which the prescribed period would expire but for the
78 operation of subdivision (c), the party should add 3 calendar days. The party must
79 act by the third day of the extension, unless that day is a Saturday, Sunday, or legal
80 holiday, in which case the party must act by the next day that is not a Saturday,
81 Sunday, or legal holiday.
82 Rule 26 was amended, effective March 1, 2003, in response to the
83 December 1, 1998, amendments to Fed.R.App.P. 26. The language and
84 organization of the rule were changed to make the rule more easily understood and
85 to make style and terminology consistent throughout the rules.
86 Rule 26 was amended, effective October 1, 2014, to replace "paper" with
88 SOURCES: Joint Procedure Committee Minutes of _______________;
89 April 25-26, 2013, pages 26-27; April 29-30, 2010, page 20; January 25, 2007,
90 pages 17-19; September 27-28, 2001, pages 4-5; January 27-28, 2000, pages
91 16-17; January 29-30, 1998, page 21; February 19-20, 1987, page 7; September
92 18-19, 1986, page 15; May 25-26, 1978, pages 11-12. Fed.R.App.P. 26.
93 STATUTES AFFECTED:
94 CONSIDERED: N.D.C.C. ch. 1-03.
95 CROSS REFERENCE: N.D.R.App.P. 25 (Filing and Service); N.D. Sup.
96 Ct. Admin. Order 14 (Electronic Filing Pilot Project).