Rule 26 - Computation and Extension of Time(a) Computation. In computing any period of time prescribed or allowed by these rules, by order of the Supreme Court or the Court of Appeals, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, as defined by statute, or any other day when the clerk's office is in fact closed, whether with or without legal authority, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, a legal holiday, or any other day when the clerk's office is closed. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. In the event any legal holiday falls on a Sunday, the next following day shall be a legal holiday.(b) Enlargement. The Supreme Court or the Court of Appeals for good cause shown may, upon motion, enlarge the time prescribed by the rules or by its order for doing any act, or may permit an act to be done after the expiration of such time, but the Supreme Court will not enlarge the time for filing notice of appeal or a petition for permission to appeal.(c) Additional Time After Service by Mail. Whenever a party is required or permitted to do an act within a prescribed period after service of a paper upon that party and the paper is served by mail, three (3) days shall be added to that prescribed period.(d) Unaffected by Expiration of Term. The period of time provided for the doing of any act or the taking of any proceeding is not affected or limited by the continued existence or expiration of a term of court. The existence or expiration of a term of court in no way affects the power of either the Supreme Court or the Court of Appeals to do any act consistent with these rules.Advisory Committee Historical Note
Effective January 1, 1995, Miss.R.App.P. 26 replaced Miss.Sup.Ct.R. 26, embracing proceedings in the Court of Appeals. 644-647 So.2d LXI-LXII (West Miss.Cases 1994).
Comment
Rule 26 is patterned after Fed. R. App. P. 26 and M.R.C.P. 6. The purpose of this rule is to provide reasonably flexible, general guidelines for the measurement of time periods under these rules. Under Rule 26(b), the court is given wide discretion to enlarge the various time periods both before and after the actual termination of the allotted time, with the exception of enlarging the time for filing a notice of appeal under Rule 4, or a petition for permission to appeal under Rule 5.
Rule 26(a) incorporates legal holidays as defined by statute. See Miss. Code Ann. 3-3-7(1991).
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