Rule 6 Time

Computation. The following rules apply in computing any period of time specified in these rules, in any local rule or court order or any applicable statute:

(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, or, when the act to be done is the filing of a document in court, a day on which weather or other conditions have made the office of the clerk of court inaccessible, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.

(D) except where the period of time is expressed in “calendar days,” when the period of time prescribed or allowed is 10 days or less, intermediate Saturdays, Sundays, and legal holidays must be excluded in the computation. As used in Rule 6 and in Rule 77(c), "legal holiday" includes those days declared as legal holidays pursuant to 1 CMC § 311, and any other day designated as a legal holiday by the Commonwealth.

Extending Time.

(1) In General. When an act may or must be done within a specified time, the court may, for good cause, extend the time:

(A) with or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires; or

(B) on motion made after the time has expired if the party failed to act because of excusable neglect.

(2) Exceptions. A court must not extend the time to act under Rules 50(b) and (c)(2), 52(b), 59(b), (d) and (e), and 60(b), except to the extent and under the conditions stated in them.

For Motions, Notices of Hearings, and Affidavits.

(1) In General. A written motion made prior to the entry of a judgment must not be filed and served no later than 30 days before the time specified for the hearing, unless:

(A) A motion may be heard ex parte;

(B) A different period is fixed by these rules or by order of the court; or

(C) Such an order may for cause shown be made on ex parte application.

(2) Supporting Affidavit. Any opposition to the motion must be filed and served not later than 9 days after service of the motion. Any reply to the opposition must be filed and served not later than 6 days after service of the opposition. When a motion, opposition, or reply is supported by affidavit, the affidavit must be served with such motion, opposition, or reply.

(3) A written motion made after the entry of a judgment, other than a motion which may be heard ex parte, and notice of hearing thereof must be filed and served not later than 14 calendar days before the time specified for the hearing, unless a different period is fixed by these rules or by order of the court. Such an order may, for cause shown, be made on ex parte application. Any opposition to the motion must be filed and served not later than 7 calendar days after service of the motion. Any reply to the opposition must be filed and served not later than 2 calendar days after service of the opposition. When a motion, opposition, or reply is supported by affidavit, the affidavit must be served with such motion, opposition, or reply.

(4) Shortening Time: When it is necessary to shorten time for the hearing of a motion, the party who desires to shorten time must:

(A) file a separate motion to shorten time;

(B) accompanied by a declaration setting forth the reasons why it is necessary to shorten time; and

(C) state that the opposing party has been given notice of the motion to shorten time. If it is not possible to give the opposing party notice of the motion to shorten time, the moving party must explain in the declaration why it is not possible to give notice, and what efforts were made to give notice. Whenever possible the court must allow 2 days for the opposing party to oppose by declaration or other pleading a motion to shorten time. Whether a hearing is held on a motion to shorten time will be decided by a judge who will notify the parties of the court’s decision. If no hearing is to be held, a party may file an objection and show cause as to why a hearing should be held. The court will then rule on the objection without a hearing. The court may order that a hearing on a motion to shorten time be held prior to the matter that the movant desires be heard on shortened time. If the motion to shorten time is granted, the court may order the parties to proceed with the matter at a time to be fixed by the court.

Additional Time After, Certain Kinds of Service. When a party may or must act within a specified time after being served and service is made by mail, by leaving service with the clerk of court, or by other means of service permitted by 5(b), 3 days must be added to the prescribed period.