(a) Computation of Time After an Act, Event, or Default. In computing any period of time prescribed by these rules, by rule or 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 included. If the period of time allowed is more than seven days, intermediate Saturdays, Sundays, and holidays are counted; but if the period of time allowed is seven days or less, intermediate Saturdays, Sundays, and holidays are not counted. The last day of the period so computed is included unless:(1) it is a Saturday, Sunday, or holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday, or holiday; or(2) the act to be done is the filing of a paper in court and the office of the clerk of that court on the last day of the period is not open, or is closed for a part of the day, in which event the period runs until the end of the next day that is not a Saturday, Sunday, holiday, or a day on which the office is not open during its regular hours. Committee note: This section supersedes Code, General Provisions Article, § 1-302 to the extent of any inconsistency.
Cross reference: For the definition of holiday, see Rule 1-202.
(b) Computation of Time Before a Day, Act, or Event. In determining the latest day for performance of an act which is required by these rules, by rule or order of court, or by any applicable statute, to be performed a prescribed number of days before a certain day, act, or event, all days prior thereto, including intervening Saturdays, Sundays, and holidays, are counted in the number of days so prescribed. The latest day is included in the determination unless it is a Saturday, Sunday, or holiday, in which event the latest day is the first preceding day which is not a Saturday, Sunday, or holiday.(c) Additional Time After Service by Mail. Whenever a party has the right or is required to do some act or take some proceeding within a prescribed period after service upon the party of a notice or other paper and service is made by mail, three days shall be added to the prescribed period.(d) Extension of Time Requirements Upon the Death of a Party. Upon the death of a party, all time requirements under these rules applicable to that party shall be extended automatically from the date of death to the earlier of (1) 60 days after the date of death or (2) 15 days from the issuance of letters of administration by a court of competent jurisdiction. Before or after the expiration of an extension period under this section and upon a showing of good cause why a proper substitution was not made or could not have been made prior to the expiration of the extension and that a further extension will not unfairly prejudice the rights of any other party, the court may extend the time requirements applicable to the deceased party for an additional period commencing upon the expiration of the extension. This Rule is derived as follows:
Section (a) is derived from former Rule 8 a.
Section (b) is derived from former Rule 8 b.
Section (c) is new and is derived from the 1971 version of Fed. R. Civ. P. 6(e).
Section (d) is new.
Adopted April 6, 1984, eff. 7/1/1984. Amended June 28, 1988, eff. 7/1/1988; 7/16/1992; 12/10/1996, eff. 1/1/1997; 4/8/1997, eff. 7/1/1997; 5/9/2000, eff. 7/1/2000; 11/12/2003, eff. 1/1/2004; 3/2/2015, eff. 7/1/2015.HISTORICAL NOTES
2000 Orders
The May 9, 2000, order amended the committee note following section (a).
2003 Orders
The November 12, 2003, order amended the source note.
2015 Orders
The March 2, 2015, order amended the Rule to conform an internal reference to revised Code provisions.
Rule 1-321.