Rule 26. Computing and Extending Time
(a) Computing Time. The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time.
(1) Period Stated in Days or a Longer Unit. When the period is stated in days or a longer unit of time:
(2) Period Stated in Hours. When the period is stated in hours:
(B) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and
(3) Inaccessibility of the Clerk’s Office. Unless the court orders otherwise, if the clerk’s office is inaccessible:
(A) on the last day for filing under Rule 26 (a)(1), then the time for filing is extended to the first accessible day that is not a Saturday, Sunday, or legal holiday; or
(4) “Last Day” Defined. Unless a different time is set by a statute, local rule, or court order, the last day ends:
(B) for electronic filing in the court of appeals, at midnight in the time zone of the circuit clerk’s principal office;
(C) for filing under Rules 4 (c)(1), 25 (a)(2)(B), and 25 (a)(2)(C)—and filing by mail under Rule 13 (b)—at the latest time for the method chosen for delivery to the post office, third-party commercial carrier, or prison mailing system; and
(5) “Next Day” Defined. The “next day” is determined by continuing to count forward when the period is measured after an event and backward when measured before an event.
(6) “Legal Holiday” Defined. “Legal holiday” means:
(A) the day set aside by statute for observing New Year’s Day, Martin Luther King Jr.’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, or Christmas Day;
(b) Extending Time. For good cause, the court may extend the time prescribed by these rules or by its order to perform any act, or may permit an act to be done after that time expires. But the court may not extend the time to file:
(1) a notice of appeal (except as authorized in Rule 4) or a petition for permission to appeal; or
(c) Additional Time after Service. When a party may or must act within a specified time after service, 3 days are added after the period would otherwise expire under Rule 26 (a), unless the paper is delivered on the date of service stated in the proof of service. For purposes of this Rule 26 (c), a paper that is served electronically is not treated as delivered on the date of service stated in the proof of service.
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