Computing And Extending Time

(a) Computing Time. The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in 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: (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays and legal holidays; and (C) include the last day of the period, 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 45(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 45(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; and (B) 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. (6) "Legal Holiday" Defined. As used in this rule, "legal holiday" means a day set aside as a holiday under N.D.C.C. §§ 1-03-01,1-03-02 and 1-03-02.1. (b) Extending Time. (1) In General. When an act must or may be done within a specified time, the court on its own may extend the time, or for good cause may do so on a party's motion made: (A) before the originally prescribed period or previously extended time expires; or (B) after the time expires if the party failed to act because of excusable neglect. (2) Exceptions. The court may not extend the time for taking any action under Rules 35 and 37, except as stated in those rules. (c) Additional Time After Service by Mail or Commercial Carrier. Whenever a party must or may act within a prescribed period after service and service is made by mail or by third-party commercial carrier, three days are added after the prescribed period would otherwise expire under Rule 45(a).