RULE 26. COMPUTING AND EXTENDING TIME
(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
any 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:
Exclude exclude the day of the act,
event , or default that begins triggers the
Exclude count every day, including intermediate Saturdays,
Sundays, and legal
holidays when the period is less than 11 days;
Include include the last day of the period,
unless it 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 26(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 26(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. 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;
(B) for filing by mail or third-party commercial carrier, at the latest time for the method chosen for delivery to the post office or third-party commercial carrier; and
(C) 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.
(4)(6) As used in this rule, "legal
holiday" means a day specified as a holiday in N.D.C.C.
(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 Service by Mail or Third-Party
Commercial Carrier. When a party
is required or permitted to may or must act within a
prescribed period specified time after
a paper is served on that party service, three days must be
added to the prescribed after the
period would otherwise expire, unless the paper is delivered on the date of service
the proof of service. For purposes of this rule, a paper that is served electronically is not
treated as delivered on the date of service stated in the proof of service.
Rule 26 was amended, effective January 1, 1988; March 1, 1999; March 1, 2001; March 1, 2003; March 1, 2008; March 1, 2011.
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
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.
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 March 1, 2008, to clarify that, unless a paper is delivered on the date of service as stated in the proof of service, three days are added to the prescribed period.
Subdivision (c) was amended, effective March 1, 2011, to clarify how to count the three-day extension for service by mail or commercial carrier.
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 April 29-30, 2010, page 20; January 25, 2007, pages 17-19; 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.
Cross Reference: N.D.R.App.P. 25 (Filing and Service); N.D. Sup. Ct. Admin. Order 14 (Electronic Filing Pilot Project).