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Subject: Rule 44 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Time Publication / Adopted Date:February 1, 1972
Topic:Time, Computation of - Extension - Expiration of Term - Service of MotionsRevised / Effective Date:July 1, 2013

44.01. Time, Computation of - Extension - Expiration of Term - Service of Motions

(a) Computation. In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

(b) Enlargement. When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order or (2) upon notice and motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect; but it may not extend the time for taking any action under Rules 52.13, 72.01, 73.01, 75.01, 78.04, 81.04, 81.07 and 84.035 or for commencing civil action.

(c) Unaffected By Expiration of Term. The period of time provided for the doing of any act or the taking of any proceeding is not affected or limited by the continued existence or expiration of a term of court. The continued existence or expiration of a term of court in no way affects the power of a court to do any act or take any proceeding in any civil action pending before it, which it is otherwise by law authorized to do or take.

(d) Motions--Notice Required--Affidavits. A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than five days before the time specified for the hearing, unless a different period is fixed by law or court rule or by order of the court. Such an order may for cause shown be made on ex parte application. When a motion is supported by an affidavit, the affidavit shall be served with the motion; and, except as otherwise provided by law or rule in connection with a motion for a new trial, opposing affidavits may be served not later than one day before the hearing, unless the court permits them to be served at some other time.

(e) Additional Time After Service by Mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served by mail, three days shall be added to the prescribed period.

(Adopted Feb. 1, 1972, eff. Sept. 1, 1972. Amended May 6, 1976, eff. Jan. 1, 1977; July 21, 1976, eff. April 1, 1977; Sept. 28, 1993, eff. Jan. 1, 1994; Dec. 27, 2012, eff. July 1, 2013.)

Paragraph (a) is the same as prior Rule 44.01(a) with two exceptions:

Paragraph (b) is the same as prior Rule 44.01(b) except that the cross references to other rules were changed to reflect the change in the numbers of those rules.

Paragraph (c) is the same as prior Rule 44.01(c).

Paragraph (d) is the same as prior Rule 44.01(d).

Paragraph (e) is new and is the same as Rule 6(e) of the Federal Rules of Civil Procedure.

Compare: Rule 6 of the Federal Rules of Civil Procedure.