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Rule6.Time.

(a) Computing time. The following rules apply incomputing any time period specified in these rules, any local rule or courtorder, or in any statute that does not specify a method of computing time.

(1)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 lastday is a Saturday, Sunday, or legal holiday, the period continues to run untilthe end of the next day that is not a Saturday, Sunday or legal holiday.

(2)When the period is stated in hours:

(A)begin counting immediately on the occurrence of theevent that triggers the period;

(B)count every hour, including hours during intermediateSaturdays, Sundays, and legal holidays; and

(C)if the period would end on a Saturday, Sunday, or legal holiday, the periodcontinues to run until the same time on the next day that is not a Saturday,Sunday, or legal holiday.

(3)Unless the court orders otherwise, if the clerk?s office is inaccessible:

(A)on the last day for filing under Rule 6(a)(1), then the time for filing isextended to the first accessible day that is not a Saturday, Sunday or legalholiday; 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 accessibleday that is not a Saturday, Sunday, or legal holiday.

(4)Unless a different time is set by a statute or court order, filing on the lastday means:

(A)for electronic filing, before midnight; and

(B)for filing by other means, the filing must be madebefore the clerk?s office is scheduled to close.

(5)The ?next day? is determined by continuing to count forward when the period ismeasured after an event and backward when measured before an event.

(6)?Legal holiday? means the day for observing:

(A)New Year's Day;

(B)Dr. Martin Luther King, Jr. Day;

(C)Washington and Lincoln Day;

(D)Memorial Day;

(E)Independence Day;

(F)Pioneer Day;

(G)Labor Day;

(H)Columbus Day;

(I)Veterans' Day;

(J)Thanksgiving Day;

(K)Christmas; and

(L)any day designated by the Governor or Legislature as astate holiday.

(b) Extending time.

(1)When an act may or must be done within a specified time, the court may, forgood cause, extend the time:

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

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

(2)A court must not extend the time to act under Rules 50(b) and (d)52(b)59(b), (d) and (e), and 60(c).

(c) Additional time after service bymail. Whena party may or must act within a specified time after service and service ismade exclusively by mail under Rule 5(b)(3)(C)(i), 7 days are added after the periodwould otherwise expire under paragraph (a).

(d) Response time for anunrepresented party.When a party is not represented by an attorney, does not have an electronicfiling account, and may or must act within a specified time after the filing ofa paper, the period of time within which the party may or must act is countedfrom the service date and not the filing date of the paper.

(e) Filing or service by inmate.

(1)For purposes of Rule 45(i) and this paragraph (e), an inmate is a personconfined to an institution or committed to a place of legal confinement.

(2)Papers filed or served by an inmate are timely filed or served if they aredeposited in the institution?s internal mail system on or before the last dayfor filing or service. Timely filing or service may be shown by acontemporaneously filed notarized statement or written declaration settingforth the date of deposit and stating that first-class postage has been, or isbeing, prepaid, or that the inmate has complied with any applicablerequirements for legal mail set by the institution. Response time will becalculated from the date the papers are received by the court, or for papersserved on parties that do not need to be filed with the court, the postmarkdate the papers were deposited in U.S. mail.

(3)The provisions of paragraph (e)(2) do not apply toservice of process, which is governed by Rule 4.

 

EffectiveMay 1, 2021