Me. R. App. P. 1A

As amended through February 27, 2023
Rule 1A - TIME 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 legal holiday.

When the period of time prescribed or allowed is 6 days or fewer, intermediate Saturdays, Sundays, legal holidays, and days when, by order of the Chief Justice of the Supreme Judicial Court, pursuant to M.R.U. Crim. P. 54(b) or M.R. Civ. P. 77(c), the clerk's office is closed, shall be excluded in the computation. When the office of the Clerk of the Supreme Judicial Court is closed before 4:00 p.m. on any regular business day, a required filing shall be timely if filed on the next regular business day that the office is open for business.

Me. R. App. P. 1A

Adopted June 6, 2017, effective 9/1/2017.

Restyling Notes - June 2017

Rule 1A replaces former Rule 15 relating to time computation. Along with former Rule 16 definitions, moved to become Rule 1B, it is moved to an earlier point in the rules because its terms apply to many subsequent rules.

Rather than cross-reference to Rule 6(a) of the Maine Rules of Civil Procedure, as in replaced Rule 15, the terms related to time computation are stated directly in Rule 1A. There are adjustments to recognize the Rule's placement in the Appellate Rules structure. For example, the term "less than 7 days" in M.R. Civ. P. 6(a) is replaced with the term "6 days or fewer" in Rule 1A to reduce the potential confusion as to the counting rules that may apply to a time period of 7 days. Seven-day or one-week increments are the most common basis for time calculations in the Maine Rules of Appellate Procedure. In addition, court-ordered closures on regular business days are directly addressed in the Rule. Also, the effect of a closure of the Law Court Clerk's Office before 4:00 p.m. on a regular business day is specifically addressed.