Rule 34.01 – Computation

May 13, 2021 | Criminal Procedure, Minnesota

Time must be computed as follows except as provided by Rules 3.02, subd. 2; 4.02, subd. 5(1); 4.02, subd. 5(3); and 4.03.

The day of the act or event from which the designated period of time begins to run must not be included. The last day of the period must be included, unless it is a Saturday, a Sunday, or a legal holiday, a day on which weather or other conditions result in the closing of the office of the court administrator of the court where the action is pending or where filing or service is either permitted or required to be made electronically, or a day on which unavailability of the computer system used by the court for electronic filing and service makes it impossible to accomplish service or filing, in which case the period runs until the end of the next day that is not one of the aforementioned days. When a period of time prescribed or allowed is 7 or fewer days, intermediate Saturdays, Sundays, and legal holidays must be excluded in the computation. As used in these rules, “legal holiday” includes any holiday defined or designated by statute, any other day appointed as a holiday by the President or the Congress of the United States or by the State, and a day that the United States Mail does not operate.

Minn. R. Crim. P. 34.01

Amended April 22, 2015, effective July 1, 2015.