RULE 6. TIME.
- In computing any period of time set forth in these rules, the day the time period is to commence shall not be counted and the last day of the period shall be counted, provided however, that any period which would otherwise end on a Saturday, Sunday, or a legal holiday will be deemed to end on the next day which is not a Saturday, Sunday, or a legal holiday.
- Whenever under these rules or by an Order of the Court an act is required to be done or a notice given within a specified time, the Court may for good cause shown, in its discretion at any time, with or without motion or notice, enlarge the time period if a request is made for enlargement before the expiration of the period originally prescribed or as extended by a previous order. If the time as originally prescribed or as previously enlarged has expired, the Court shall require written motion for enlargement of the time and appropriate notice be given to the adverse party. If the time period has expired prior to the application being made, the Court should not enlarge the time if such action will do substantial prejudice to the adverse party. Nothing in this rule shall be deemed to authorize the Court to enlarge the time for making motions for judgment not withstanding the verdict, motions for new trial, or motions for relief from a final judgment or Order except under such circumstances as are set forth in those specific rules.
- Any written motion, other than one which may be heard ex parte, and notice of hearing thereon or an Order to Show Case shall be served not less than five (5) days before the time specified for the hearing unless a different time period is fixed by these rules or by an Order of the Court. Application for an Order to fix a hearing date may be made ex parte. Whenever any motion is supported by an affidavit, the affidavit shall be served with the motion except as otherwise provided in these rules. Responding or opposing affidavits may be served not later than one (1) day before the hearing unless the Court permits by Order affidavits to be served at some other time.
- Whenever a party has the right or is required to do some act within a specified period after the service of a notice of other paper upon him, or whenever such service is required to be made a specified event, and the notice or paper is served by mail, three (3) days shall be added to the prescribed period.
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