(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 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(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 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 t the court may not extend the time for taking any action under Rules 33, 34, and 35, except to the extent and under the conditions stated in them.(c)For Motions-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 (5) days before the time specified for the hearing, unless a different period is fixed by these rules 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 affidavit, the affidavit shall be served with the motion, and opposing affidavits may be served not later than one (1) day before the hearing, unless the court permits them to be served at some other time.(d)Additional Time After Electronic Service or Service by Mail. Whenever 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 the party, and the notice or paper is served upon the party electronically or by mail, one (1) day shall be added to the prescribed period.R.I. Super. Ct. R. Crim. P. 45
Last amended by Order dated June 22, 2017, effective 9/5/2017.1972 Notes
With slight modification this rule is essentially the same as Rule 6, R.I.Super.R.Civ.P. It is basically similar to its federal counterpart, differing principally by the omission from subdivision (a) of the provision which excludes Saturdays, Sundays and holidays from the computation of time where the period is less than seven days.
The provision in subdivision (a) for excluding from the computation of a period the day of the act, event, or default after which the period of time begins to run, reflects the general statutory provision for computation of time. G.L. 1956, § 43-3-13.