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Rule22.Computation and enlargement of time.

(a) Computation oftime. In computing any period of time prescribed by these rules, by an order ofthe court, or by any applicable statute, the day of the act, event, or defaultfrom which the designated period of time begins to run shall not be included.The last day of the period shall be included, unless it is a Saturday, aSunday, or a legal holiday, in which event the period extends until the end ofthe next day that is not a Saturday, a Sunday, or a legal holiday. When theperiod of time prescribed or allowed, without reference to any additional timeunder subsection (d), is less than 11 days, intermediate Saturdays, Sundays,and legal holidays shall be excluded in the computation. As used in this rule,"legal holiday" includes days designated as holidays by the state orfederal governments.

(b) Enlargement oftime.

(b)(1) Motions for anenlargement of time for filing briefs beyond the time permitted by stipulationof the parties under Rule 26(a) are not favored.

(b)(2) The court forgood cause shown may upon motion extend the time prescribed by these rules orby its order for doing any act, or may permit an act to be done after theexpiration of time. This rule does not authorize the court to extend thejurisdictional deadlines specified by any of the rules listed in Rule 2. ?For the purpose of this rule, good causeincludes, but is not limited to, the complexity of the case on appeal,engagement in other litigation, and extreme hardship to counsel.

(b)(3) A motion for anenlargement of time shall be filed prior to the expiration of the time forwhich the enlargement is sought.

(b)(4) A motion forenlargement of time shall state:

(b)(4)(A) with particularity the good cause for granting the motion;

(b)(4)(B) whether the movant has previouslybeen granted an enlargement of time and, if so, the number and duration of suchenlargements;

(b)(4)(C) when the time will expire for doing the act for which theenlargement of time is sought; and

(b)(4)(D) the date on which the act for which the enlargement of timeis sought will be completed.

(b)(5)(A) If the goodcause relied upon is engagement in other litigation, the motion shall:

(b)(5)(A)(i) identify such litigation bycaption, number and court;

(b)(5)(A)(ii) describe the action of the court in the other litigation ona motion for continuance;

(b)(5)(A)(iii) state the reasons why the other litigation should takeprecedence over the subject appeal;

(b)(5)(A)(iv) state the reasons why associated counsel cannot prepare thebrief for timely filing or relieve the movant in theother litigation; and

(b)(5)(A)(v) identify any other relevant circumstances.

(b)(5)(B) If the goodcause relied upon is the complexity of the appeal, the movantshall state the reasons why the appeal is so complex that an adequate briefcannot reasonably be prepared by the due date.

(b)(5)(C) If the good cause relied upon is extremehardship to counsel, the movant shall state in detailthe nature of the hardship.

(b)(5)(D) All facts supporting good cause shall bestated with specificity. Generalities, such as "the motion is not for thepurpose of delay" or "counsel is engaged in other litigation,"are insufficient.

(c) Ex parte motion. Except as to enlargements oftime for filing and service of briefs under Rule 26(a), a party may file one exparte motion for enlargement of time not to exceed 14 days if no enlargement oftime has been previously granted, if the time has not already expired for doingthe act for which the enlargement is sought, and if themotion otherwise complies with the requirements and limitations of paragraph(b) of this rule.

(d) Additional time after service by mail. Whenevera party is required or permitted to do an act within a prescribed period afterservice of a paper and the paper is served by mail, 3 days shall be added tothe prescribed period.

 

Effective date: November 14, 2016