First Adopted: February 01, 1972
Most Recently Effective: January 01, 2025
Rule 44 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Time
44.01 | Time, Computation of – Extension – 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) 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.
(d)
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 February 1, 1972, effective September 1, 1972. Amended May 6, 1976, effective January 1, 1977; amended July 21, 1976, effective April 1, 1977; amended September 28, 1993, effective January 1, 1994. amended December 22, 2009, effective July 1, 2010; amended December 27, 2012, effective July 1, 2013; amended May 1, 2024, effective January 1, 2025.)