TITLE SIX — SUPPLEMENTARY PROCEEDINGS; SPECIAL PROCEEDINGS; SUPPLEMENTARY RULES
Rule 46. Time
Pre-Trial Period. The court shall allow for a total of seventy-two (72) hours for the process of pre-trial proceedings to occur. The period runs from the return day, is stated and computed in hours as subdivision (4) provides, and may be enlarged or shortened only by order of the court. No period stated in these rules in hours is to be glossed or computed as a period stated in days.
Coordinated Universal Time. Every date and time in the record of the court is recorded, stated, and computed in Coordinated Universal Time. Every period prescribed by these rules, by a statute which does not provide otherwise, by an order, or by a notice given under these rules is computed in Coordinated Universal Time. No local time, no time zone, and no seasonal adjustment of time has any effect upon the computation of a period.
Time Runs Continuously. Time runs continuously. In the computation of any period:
There are no court days and no business days. Every day counts.
There are no holidays. No day is excluded by reason of a holiday, a weekend, or the closure of any office.
There is no filing cutoff hour. Every hour counts, and the hour of a filing is immaterial except as it fixes the moment of the filing.
A paper transmitted at any hour on the last day of a period is timely, provided the filing attains the status of Submitted or Accepted within the period.
No period is extended, and no act is deemed done at a later time, by reason of the inaccessibility of any office, facility, or officer of the court.
Periods Stated in Minutes or Hours. Where a period is stated in minutes or in hours, counting begins immediately upon the occurrence of the event which triggers the period, every minute or hour is counted, and the period expires at the expiration of the last minute or hour.
Periods Stated in Days. Where a period is stated in days, the day of the event which triggers the period is excluded, every day thereafter is counted, and the period expires at the end of the last day, being 23:59:59 Coordinated Universal Time on that day. A day is a period of twenty-four (24) hours beginning at 00:00:00 Coordinated Universal Time.
Periods Computed Backward. Where a period is measured before an event, counting proceeds backward from the recorded time of that event, by the same measure in which the period is stated and subject to the same subdivisions of this rule.
When a Period Begins.
From Service. A period which runs from service begins at the moment the electronic filing system records the acceptance for filing of the paper served. No time is added to any period by reason of the manner of service.
From Entry of an Order. A period which runs from the entry of an order, ruling, judgment, or sentence begins at the moment the electronic filing system records that instrument upon the docket.
From Filing. A period which runs from filing begins at the filing date, and not at the moment of tender and not at the moment of acceptance.
From an Event Outside the Record. A period which runs from an event which the electronic filing system does not record — an arrest, a booking, the commencement of a detention, an act done in-game, testimony taken, or an act in the proceeding communications — begins at the time of the event as the court finds it. The party asserting the time bears the burden of establishing it.
Custodial and In-Game Periods. The following run in real time from the recorded event: the periods prescribed by 6 R. Stat. §§ 131.015 and 131.203; the ten (10) minute limit upon detention awaiting a first appearance and the five (5) minute limit upon a first appearance, fixed by Rule 3.1(3); and the fifteen (15) minute period allowed for the filing of charges by 6 R. Stat. § 131.204(b)(a)(1) and Rule 7.2(2). They are not computed, tracked, or enforced by the electronic filing system. A judicial officer shall not grant an extension of a detainment timer for the purpose of conducting a first appearance, as Rule 3.1(3)(c) provides, and shall not enlarge the period fixed by Rule 7.2(2)(a).
No Computation or Enforcement by the System. The electronic filing system computes no deadline, maintains no calendar of due dates, issues no reminder, and takes no action upon the expiration of any period. Every period under these rules is self-executing and is enforced only upon the motion of a party or upon the court’s own initiative. No consequence follows from the expiration of a period until the court, on motion or on its own initiative, so orders.
No Period Alters the Record. The expiration of a period neither strikes, removes, voids, nor alters any filing, document, or entry in the record. Relief for a failure to act within a period is obtained by motion.
Enlargement. Where by these rules, by a notice given thereunder, or by order or rule 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:
With or without motion or notice, order the period enlarged, if a request therefor is made before the expiration of the period originally prescribed or as extended by a previous order;
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; or
Permit the act to be done by stipulation of the parties.
The court shall not extend the time for taking any action under Rules 25 and 29 except to the extent and under the conditions stated therein.
Excusable Neglect. In determining whether a failure to act was the result of excusable neglect, the court shall consider the danger of prejudice to the opposing party, the length of the delay and its effect upon the proceeding, the reason for the delay and whether it was within the reasonable control of the movant, whether the movant acted in good faith, whether a timely filing was rejected by the clerk and the movant refiled with diligence, and whether the delay was caused by a failure of the electronic filing system or of the account through which the movant files.
Shortening. The court, for good cause and upon such notice as it directs, may shorten a period prescribed by these rules or by a prior order. The court shall not shorten a period prescribed by statute, and shall not shorten a period so as to deprive a party of a reasonable opportunity to be heard.
Stipulation. The parties may enlarge a period prescribed by these rules by stipulation, filed and effective upon its acceptance. The parties shall not by stipulation enlarge or shorten a period prescribed by statute, alter a date set by the court for a trial or a hearing, or enlarge the period prescribed by subdivision (1) beyond such enlargement as the court has ordered.
Failure of the Electronic Filing System. Where the electronic filing system was unavailable, or was unable to receive documents, during a period within which an act was required to be done, the court on motion may enlarge the period. The movant shall state the time at which the unavailability began, the time at which it ended, and the nature of it. No period is enlarged automatically by reason of such unavailability, and no such enlargement occurs without an order.
Periods Prescribed by Statute. Where a statute prescribes a period, this rule governs the computation of that period unless the statute provides a different method of computation. No provision of these rules shall abridge, enlarge, or modify a period prescribed by statute, as 3 R. Stat. § 121.106(b) requires. The court may nevertheless relieve a defendant from the expiration of the period prescribed by 6 R. Stat. § 131.501(h) where the advice required by Rule 18.5(3) was not given, such relief being an exercise of the court’s power to give effect to the statutory right and not an enlargement of the period.