Rule 45 Computing and Extending Time
Rule Text
(a) Computing Time. The following rules apply in computing any period of time specified in these rules or any court order:
(1) Day of the Event Excluded. Exclude the day of the act, event, or default that begins the period.
(2) Exclusion from Brief Periods. 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
(3) Last Day. 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) “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 must or may be done within a specified period, 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 or previously extended time expires; or
(B) after the time expires if the party failed to act because of excusable neglect.
(2) Exception. The court may not extend the time to take any action under Rule 35, except as stated in that rule.
(c) Additional Time After Certain Kinds of Service. Whenever a party must or may act within a specified period after service and service is made in the manner provided under Virgin Islands Rule of Civil Procedure 5(b)(2)(B), (C), or (D), 3 days are added after the period would otherwise expire under Rule 45(a).
Effective December 1, 2017 (Promulgation Order 2017-010)