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Supreme Court Rules
Section/Rule:
37.09
Subject:
Rule 37 - Statutory and Ordinance Violations and Violation Bureaus
Publication / Adopted Date:
May 14, 1985
Topic:
Time - Computation of - Enlargement
Revised / Effective Date:
July 1, 2004
37.09. Time - Computation of - Enlargement
(
a
)
Computation.
In computing any period of time prescribed or allowed by this Rule
37
, 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 that 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 this Rule
37
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 the court may not enlarge the period for filing an application for trial de novo.
(
c
)
Additional Time After Service by Mail.
When a party has the right or is required to do some act or take some action 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 May 14, 1985, eff. Jan. 1, 1986. Amended December 23, 2003, eff. July 1, 2004.)
