Rule 26. Computation and Extension of Time

(a) Computing Time.

(1) In computing a period of time set by these rules, or by a Court order, or by a statute, the day of the event that begins the period is not included. The last day of the period is included, unless it is a Saturday, Sunday, legal holiday, or-if the act to be done is filing a paper in the Court-a day when the Clerk's Office has been closed by direction of the Chief Judge. Notice that the Court is closed will be posted publicly, if circumstances permit, and placed on a recording for telephone callers.

(2) As used in this rule, "legal holiday" means New Year's Day, Birthday of Martin Luther King, Jr., Washington's Birthday, 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.

(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. Additional time is not added to the periods prescribed in orders and notices issued by the Court.

(As amended Feb. 11, 1998, eff. Apr. 1, 1998.)