Rule 26 Computation and Extension of Time
Rule Text
(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 shall not be included. The last day of the period shall be included, unless it is a Saturday, a Sunday or a legal holiday. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in this rule “legal holiday” includes New Year’s Day, Washington’s Birthday, Flag Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Thanksgiving Day, Christmas Day, and any other day appointed as a holiday by the Governor or the fono.
(b) Enlargement of Time. The appellate division or a judge thereof for good cause shown may upon motion 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 such time; but neither the appellate division nor a judge thereof may enlarge the time for filing a notice of appeal, a petition for allowance, or a petition for permission to appeal. Nor may the appellate division or a judge thereof enlarge the time prescribed by law for filing a petition to enjoin, set aside, suspend, modify, enforce or otherwise review an order of an administrative agency, board, commission or officer of the American Samoa Government, except as specifically authorized by law. If there is no judge present in the Territory who is qualified to sit as a member of the appellate division on a particular case, motions for enlargement of time may be directed to the judge who rendered the decision appealed from in the trial division. His ruling may be reviewed by the appellate division or a judge thereof.
(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 him and the paper is served by mail, six (6) days shall be added to the prescribed period. Effective July 15, 1987