706 Computation of Time; Extension of Time

706 Computation of Time; Extension of Time

§ 706 Computation of Time; Extension of Time

A. All calculations of dates shall not include the first day and shall include the last day of the period.1

B. If the period of time to be calculated is less than ten (10) days, only business days shall be included in the calculation.2

C. If the period of time being calculated is ten (10) days or more, all calendar days shall be included in the calculation.3

D. Business days are all days that do not include weekends, federal or tribal holidays, and any other day the Tribal Administration Office is closed.4

E. If the last date of the period ends on a weekend, federal or tribal holiday,  or any other day the Tribal Administration Office is closed, the due date shall be the next day which is not a weekend,  federal or tribal holiday, or any other day the Tribal Administration Office is closed.5

F. Additional Time for Service by Mail. Unless these Rules provide for a different computation

1Example: On January 12, the Tribal Court orders a document to be filed within 3 days of the date of the order. The due date for the filing is January15.

2Example: On Monday, April 12, the Tribal Court orders a document to be filed within 6 days of the date of the Order. The due date for filing is Tuesday, April 20.

3Example: On Monday, April 12, the Tribal Court orders a document to be filed within 12 days of the date of the Order. The due date for filing is Monday, April 26.

4Example: On Monday, February 11, the Tribal Court orders a document to be filed within 8 days of the date of the Order. Monday, February 18 is President’s Day, a federal holiday. The due date for filing is Thursday, February 22.

5Example: On Friday, February 6, the Tribal Court orders a document to be filed within 15 days of the date of the Order. The due date for filing is Monday, February 23 because February 21 is a Saturday.

of time, if service on a party is made by U.S. mail, five (5) calendar days shall be added to the last day of the period calculated to determine the due date.6

G. Additional Time for Service by Email or Facsimile. If service by email or facsimile is made on a weekend, federal or tribal holiday, or any other day the Tribal Administration Office is closed, the date of service shall be deemed the next day which is not a weekend, federal or tribal holiday, or any other day the Tribal Administration Office is closed.

H. Date of Filing with Tribal Court by Email. If filing with the Tribal Court by email or facsimile is made on a weekend, federal or tribal holiday, or any other day the Tribal Administration Office is closed,  the date of filing shall be deemed the next day which is not a weekend, federal or tribal holiday, or any other day the Tribal Administration Office is closed.

I. The Court may upon its own motion or upon motion of a party, and for good cause, extend the deadlines required by these Rules.

[Legislative History: Enacted by Resolution No. 2019-39, 3/1/2019] 

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