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Rule 26 Computation and Extension of Time

Article VII: General Provisions

(a) Computing Time. The following rules apply in computing any period of time specified in these rules, Court order, or applicable statute:

(1) Exclude the day of the event that triggers the period.

(2) If the period is 10 days or less, intermediate Saturdays, Sundays, and legal holidays shall be excluded from the computation. If the period is more than 10 days, compute time in calendar days.

(3) 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.

(4) If a party must manually file a paper when the weather or other conditions make the Clerk’s office inaccessible, the party may do so on the next business day.

(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. But the Court may not extend the time to file:

(1) A notice of appeal (except as authorized in Rule 4).

(2) [Reserved]

(c) Additional Time after Service. When a party may or must act within a prescribed period after a paper is served on that party, 5 calendar days are added to the prescribed period unless the paper is delivered on the date of service stated in the proof of service.

(1) For purposes of Rule 26(c), a paper is treated as delivered on the date of service only if it was served pursuant to the NMI Rules for Electronic Filing and Service.

(2) Rule 26(c) does not apply when a Court order prescribes the time in which a party may or must act.