Rule 6 Computing and Extending Time
Rule Text
(a) Computing Time. The following rules apply in computing any time period specified in these rules, in any 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) when the period is 15 days or more, count every day, including intermediate Saturdays, Sundays, and legal holidays; when the period is 14 days or less, do not count 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 otherwise provided in a governing court order, if the clerk's office is inaccessible:
(A) on the last day for filing under Rule 6(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 6(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 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 office of the clerk of the Superior Court 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. "Legal holiday" means:
(A) the day set aside by statute for observing January 1 (New Year's Day) January 6 (Three King's Day); Third Monday in January (Martin Luther King, Jr.'s Birthday); Third Monday in February (Presidents Day); March 31 (Transfer Day); Holy Thursday; Good Friday; Easter Monday; Last Monday in May (Memorial Day); July 3 (V.I. Emancipation Day) – Danish West Indies Emancipation Day; July 4 (Independence Day); First Monday in September (Labor Day); Second Monday in October (Columbus Day and Puerto Rico Friendship Day); November 1 (D. Hamilton Jackson Day); Election Day as provided in 18 V.I.C. § 3; November 11 (Veterans Day); Fourth Thursday in November (Thanksgiving Day); December 25 (Christmas Day); December 26 (Christmas Second Day); and
(B) any day declared a holiday by the President or Congress, or by the Governor; and
(C) any day specified in 1 V.I.C. § 171, or otherwise officially designated as a holiday in the U.S. Virgin Islands.
(b) Extending Time.
(1) In General. When an act is required or allowed to be done by or within a specified period, the court may upon a showing of good cause or excusable neglect, extend the date for doing that act. The court may consider whether the request to extend time is made before or after the required date; the reason for the movant’s delay; whether the reason for delay was within the reasonable control of the movant; the danger of prejudice to the parties; the length of the delay; the potential impact of the delay on judicial proceedings; whether the party seeking the extension has acted in good faith, and all other relevant circumstances surrounding the party's failure to meet the originally prescribed deadline.
(2) Exceptions. A court may not extend the time to act under Rules 50(b) and (d), 52(b), 59(b), (d), and (e), and 60(b).The court may not enlarge the period within which a motion may be made for a new trial, or for correcting an illegal sentence.
(c) [Reserved.]
(d) 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 under Rule 5(b)(2)(C) (mail), (D) (leaving with the Virgin Islands Marshal), or (F) (other means consented to), 3 days are added after the period would otherwise expire under Rule 6(a).