20.01 | Misdemeanors or Felonies – Time, Computation of – Extension – Expiration of Term – Service of Motions20.02 | Misdemeanors or Felonies – Court Open, When – Motions and Proceedings Grantable by Clerk20.03 | Misdemeanors or Felonies – Writs – Process – Return20.04 | Misdemeanors or Felonies – Service of Motions. Applications, Notices and Other Papers – Return – Filing
First Adopted: June 13, 1979
Most Recently Effective: January 01, 1980
Rule 20 | Rules of Criminal Procedure | Misdemeanors or Felonies – Time – Computation of – Expiration of Term – Service of Motions
20.01 | Misdemeanors or Felonies – 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 the court may not enlarge the period for filing a motion for new trial or for taking an appeal as provided by these rules.
(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 criminal proceedings 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. When 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 him and the notice or paper is served upon him by mail, three days shall be added to the prescribed period.
Committee Note – 1979
Paragraph (a) is the same as Rule 44.01(a). This paragraph is also the same as prior Rule 31.01 with two exceptions:
1. Saturday has been added to Sunday and legal holidays as a day which affects the computation of time.
2. The last sentence referring to a half holiday was deleted.
Paragraph (b) is the same as Rule 44.01(b) with two changes:
1. The following clause has been deleted: "... 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, and 81.07 or for commencing civil action."
2. The following clause has been substituted: "... but the court may not enlarge the period for filing a motion for new trial or for taking an appeal as provided by these rules."
This paragraph is substantially the same as prior Rule 31.02.
Paragraph (c) is the same as Rule 44.01(c) except that "criminal proceedings" is substituted for "civil action." This paragraph is substantially the same as prior Rule 31.03.
Paragraph (d) is the same as Rule 44.01(d). This paragraph is substantially the same as prior Rule 31.04.
Paragraph (e) is the same as Rule 44.01(e).
(Adopted June 13, 1979, effective January 1, 1980.)
First Adopted: June 13, 1979
Most Recently Effective: January 01, 1980
Rule 20 | Rules of Criminal Procedure | Misdemeanors or Felonies – Time – Computation of – Expiration of Term – Service of Motions
20.02 | Misdemeanors or Felonies – Court Open, When – Motions and Proceedings Grantable by Clerk
(a) Court Always Open for Certain Purposes. The court shall be deemed always open for the purpose of filing any pleading or other proper paper, of issuing and returning mesne and final process and of making and directing all interlocutory motions, orders, and rules.
(b) Motions and Proceedings Grantable by Clerk. All motions and applications in the clerk's office for issuing mesne process, for issuing final process to enforce and execute judgments, and for other proceedings which do not require allowance or order of the court are grantable as of course by the clerk; but this action may be suspended or altered or rescinded by the court upon cause shown.
Committee Note – 1979
Paragraph (a) is the same as Rule 45.01. This paragraph is substantially the same as the first sentence of prior Rule 31.05.
Paragraph (b) is substantially the same as Rule 46.01 and is also substantially the same as the last two sentences of prior Rule 31.05. The sentence specifying when the clerk's office shall be actually open was deleted because it is not a proper subject of Supreme Court Rules.
(Adopted June 13, 1979, effective January 1, 1980.)
First Adopted: June 13, 1979
Most Recently Effective: January 01, 1980
Rule 20 | Rules of Criminal Procedure | Misdemeanors or Felonies – Time – Computation of – Expiration of Term – Service of Motions
20.03 | Misdemeanors or Felonies – Writs – Process – Return
Every officer to whom any writ of process or order shall be directed and delivered for service under these rules, shall make return thereof in writing, showing the time, place, and manner of service thereof, and shall sign such return and file the same in the clerk's office.
Committee Note – 1979
This is substantially the same as prior Rule 31.06.
(Adopted June 13, 1979, effective January 1, 1980.)
First Adopted: June 13, 1979
Most Recently Effective: January 01, 1999
Rule 20 | Rules of Criminal Procedure | Misdemeanors or Felonies – Time – Computation of – Expiration of Term – Service of Motions
20.04 | Misdemeanors or Felonies – Service of Motions. Applications, Notices and Other Papers – Return – Filing
(a) Service – When Required. Every written motion, other than one which may be heard ex parte, and every written notice, application, and similar paper which is required to be served shall be served upon each of the parties affected thereby.
(b) Service – Upon Attorney. When under these rules, or any of the statutes of this state, service is required or permitted to be made upon a party represented by an attorney of record, service shall be made upon the attorney, unless service upon the party himself is ordered by the court. When a party is represented by more than one attorney service may be made upon any such attorney.
(c) Service – How and by Whom Made. Unless otherwise ordered by the court, service required by subsection (a) and (b) of this rule may be made in the following manner:
1. Upon the attorney, by delivering a copy to him or by leaving a copy at the attorney's office with a clerk or secretary or with an attorney employed by or associated with the attorney to be served, or by mailing a copy to such attorney at his last known address;
2. Upon a party, by delivering or mailing a copy to him or by serving a copy in the manner provided for service of summons in Rule 54.13.
Service provided for in subsections (c)(1) and (2) hereof may be made by a competent witness. Service by mail is complete upon mailing.
(d) Service – How Shown. Service may be shown by acknowledgment of receipt or by affidavit or by written certificate of counsel making such service.
(e) Service – Time for – When No Time Specified. When provision is made for the time of filing papers and none is made for the time of service thereof, copies shall be delivered in person or by mail on the day of filing or as soon thereafter as can be done.
(f) Filing – When Required. All papers required to be served upon a party and filed with the court shall be filed either before service or within five days thereafter.
(g) Filing With the Court – Defined. The filing of papers with the court as required by these rules shall be made by filing them with the clerk of the court except that a judge may permit the papers to be filed with him, in which event he shall note thereon the filing date and forthwith transmit them to the office of the clerk.
(h) Filing With the Court – Facsimile Transmission. By local court rule, a court, in cooperation with the office of the clerk of the court, may authorize the filing by facsimile transmission of applications for search warrants and affidavits in support thereof, arrest warrants and complaints and indictments in support thereof, and such other motions, applications, orders, warrants, pleadings and the like as may be deemed desirable if not otherwise prohibited by law. If filing by facsimile transmission is authorized by local rule, any pleading or other paper so filed shall have the same effect as the filing of an original document, even though it may be required to be verified or submitted by affidavit. A facsimile signature shall have the same effect as an original signature. The person filing a pleading or other paper by facsimile transmission shall retain the original and make it available upon order of the court.
Committee Note – 1979
Paragraph (a) is substantially the same as Rule 43.01(a).
Paragraph (b) is the same as Rule 43.01(b). Compare: Prior Rule 31.07.
Paragraph (c) is the same as Rule 43.01(c). Compare: Prior Rule 31.07.
Paragraph (d) is the same as Rule 43.01(d). Compare: Prior Rule 31.07.
Paragraph (e) is the same as Rule 43.01(f).
Paragraph (f) is the same as Rule 43.02(a) except that "after the petition" is deleted.
Paragraph (g) is substantially the same as Rule 43.02(b).
(Adopted June 13, 1979, effective January 1, 1980. Amended April 23, 1996, effective January 1, 1997; amended May 26, 1998, effective January 1, 1999.)