RULE 26. COMPUTATION AND EXTENSION OF TIME
Effective Date: 5/25/1978
Obsolete Date: 3/1/1999
(a) Computation of Time. In computing any period of time prescribed by these rules, by an order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run must not be included. 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 7 days, intermediate Saturdays, Sundays, and legal holidays must be excluded in the computation. 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.
(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.
(c) Additional Time After Service by Mail. 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, 3 days must be added to the prescribed period.
[Amended effective January 1, 1988.]
Rule 26 was amended, effective January 1, 1988; March 1, 1999; March 1, 2001; March 1, 2003; March 1, 2008; March 1, 2011; October 1, 2014. The explanatory note was amended, effective March 1, 2014; March 1, 2018.
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 (a)(6) was amended, effective March 1, 2018, to clarify the definition of "legal holiday".
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 document 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. Under the amendment, a party that is required or permitted to act within a prescribed period should first calculate that period, without reference to the 3-day extension, but applying the other time computation provisions of these rules. After the party has identified the date on which the prescribed period would expire but for the operation of subdivision (c), the party should add 3 calendar days. The party must act by the third day of the extension, unless that day is a Saturday, Sunday, or legal holiday, in which case the party must act by the next day that is not a Saturday, Sunday, or legal holiday.
Subdivision (c) was amended, effective March 1, 2018, to remove service by electronic means from the modes of service that allow 3 added days to act after being served. Electronic service after business hours, or just before or during a weekend or holiday, may result in a practical reduction in the time available to respond. Extensions of time may be warranted to prevent prejudice.
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.
Rule 26 was amended, effective October 1, 2014, to replace "paper" with "document."
SOURCES: Joint Procedure Committee Minutes of April 27, 2017, pages 5-7; January 26-27, 2017, pages 28-29; April 25-26, 2013, pages 26-27; 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.
STATUTES AFFECTED:
CONSIDERED: N.D.C.C. ch. 1-03.
CROSS REFERENCE: N.D.R.App.P. 25 (Filing and Service); N.D.Sup.Ct.Admin.Order 14 (Electronic Filing Pilot Project).