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Rule 6 – Time

May 13, 2021 | Civil Procedure, Maine

(a) Computation. In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a holiday. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

For the purpose of this subdivision legal holidays shall include days on which the Chief Justice of the Superior Court or Chief Judge of the District Court pursuant to Rule 77(c) specifically orders the clerk’s office closed.

(b) Enlargement. When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect, but it may not extend the time for taking any action under Rules 50(b), 52(b), 59(b), (d), and (e), and 60(b), except to the extent and under the conditions stated in those rules.
(c) Additional Time After Service by Mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served upon the party by mail, 3 days shall be added to the prescribed period.

Me. R. Civ. P. 6

[1995] Advisory Committee’s Note to Withdrawal of 1995 Amendment of M.R. Civ. P. 6(a)

The Court promulgated an amendment of Rule 6(a) effective February15, 1995, that adopted a recent amendment of Federal Rule 6 extending from 7 to 11 days the period in which holidays and weekends are not counted in computing time. Order of January 6, 1995, Me. Rptr., 645-654 A.2d XXX. Concerned that such a rule would have unintended effects on statutory time provisions because of the incorporation of Rule 6(a) in 1 M.R.S.A. ยง71(12), the Court stayed the amendment prior to the effective date. See Order of February 2, 1995, Me. Rptr., 645-54 A.2d XXIX. Subsequently, the Advisory Committee recommended to the Court that the operation of the amendment be further suspended pending study of the issue. The amendment is now permanently withdrawn because the benefit of conformity with the federal rule is outweighed by the potential for confusion and inconsistency in Maine law.

Advisory Committee’s Notes May 1, 2000

Subdivision (a) is amended to add the word “legal” in front of the word “holidays.”

Subdivision (c) indicating that time is not affected by expiration of terms of court is stricken. This is archaic language that bears no relation to present practices now that terms of court no longer exist.

Subdivision (d) is in the present rule is redesignated subdivision (c).

Advisory Committee’s Notes July 1, 2001

This amendment [to Rule 6(b) ] deletes the reference to Rule 73(a) which is being replaced by the Maine Rules of Appellate Procedure.

Annotations:

Rule 6(b): Excusable neglect. Gregory v. City of Calais, 2001 ME 82, 6-16.