Rule 26. Computation and Extension of Time

(a) Computation of Time. In computing any period of time prescribed by these rules, by an order of Court, or by any applicable statute, the day of the event from which the time begins to run will not be included. The last day of the period will be included, unless it is a Saturday, a Sunday, or a legal holiday; in that case, the period extends until the end of the next day which is not a Saturday, a Sunday, or a legal holiday. As used in this rule, "legal holiday" means New Year's Day, Birthday of Martin Luther King, Jr., Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day declared a holiday by the President or Congress. A "legal holiday" also includes a day on which the Clerk's Office has been closed by direction of the Chief Judge. Notice of such action will be posted publicly, if circumstances permit, and placed on a recording for telephone callers.

(b) Extension of Time. The Court, on its own initiative or on motion of a party for good cause shown, may extend the time prescribed by these rules for doing any act, or may permit an act to be done after the expiration of such time, but the Court may not extend the time for filing a Notice of Appeal.

(c) Additional Time After Service by Mail. Wherever a party is required or permitted to do an act, other than the filing of a Notice of Appeal, within a prescribed period after service of a paper on that party by another party and the paper is served by mail, 3 days will be added to the prescribed period. Whenever such paper is served by the Secretary in a jurisdiction other than a state, the District of Columbia, Puerto Rico, or the Virgin Islands, 30 additional days will be added to the prescribed period. Except as provided in Rule 35(d), additional time is not added to the periods prescribed in orders and notices issued by the Court.

(As amended June 14, 1994, eff. Aug. 1, 1994.)