As amended through October 11, 2024
Rule 26 - Computing and Extending Time(a) Computing Time. The following rules apply in computing any period of time specified in these rules or in any order of this court or applicable statute: (1) Exclude the day of the act, event, or default that begins the period.(2) Exclude intermediate Saturdays, Sundays, and legal holidays when the period is less than 11 days, unless an applicable statute or order of this court expressly provides otherwise, or unless the period is stated in calendar days.(3) Include the last day of the period unless it is a Saturday, Sunday, legal holiday, or - if the act to be done is the filing of a document in court - a day on which the weather or other conditions cause the Clerk's office to be closed.(4) As used in this rule, "legal holiday" includes New Year's Day, Martin Luther King, Jr.'s Birthday, Presidents' Day, District of Columbia Emancipation Day, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, Christmas Day, and any other day appointed as a holiday by the President or the Congress of the United States, or by the District of Columbia.(b) Extending Time. For good cause, the court may extend the time prescribed by these rules to perform any act, or may permit an act to be done after that time expires. But the court may not extend the time:(1) to file a notice of appeal (except as authorized in Rule 4) or an application for allowance of appeal; or(2) to file a petition for review; or(3) for doing any act when the time for doing the act has been prescribed by statute.(c) Additional Time After Certain Kinds of Service. When a party is required or permitted to act within a prescribed period after a document is served on that party, 5 calendar days are added to the prescribed period unless the document is delivered on the date of service stated in the proof of service. For purposes of this Rule 26(c), a document that is served electronically is treated as delivered on the date of service stated in the proof of service. Rule 26(c) does not apply when an order of this court prescribes the time in which a party is required or permitted to act. Rule 26(c) also does not apply in determining the timeliness of notices of appeal filed under Rules 4, 5, or 6.Amended by Order dated November 30, 2016, effective 11/30/2016.