Rule 34.05 – Unaffected by Expiration

May 13, 2021 | Criminal Procedure, Minnesota

The expiration of a term of court does not affect the time-period for doing any act or taking any proceeding, or affect the court’s power to do any act or take any proceeding in any pending action.

Minn. R. Crim. P. 34.05

Comment-Rule 34
Rule 34.01 (Computation) adopts Minn.R.Civ.P. 6.01 except that it excludes Saturdays, Sundays, and legal holidays from computation when the period of time allowed is “7 days or less” rather than “less than 7 days.” Minnesota Statutes ยง 645.44, subd. 5, sets forth the legal holidays for the State of Minnesota.
In State v. Hugger, 640 N.W.2d 619 (Minn. 2002), the Supreme Court held that when calculating the five-day period within which an appeal must be taken under Rule 28.04, subd. 2(8), intermediate Saturdays, Sundays, and legal holidays must be excluded from the computation of the period allowed under Rule 34.01 before the additional three days by mail are added under Rule 34.04.