Rule 1.3 - Computation and Enlargement of Time(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 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 court 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 court clerk's office is in fact closed. In the event any legal holiday falls on a Sunday, the next day shall be a legal holiday. 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.(b)Enlargement. When by these Rules or by order of court an act is required or allowed to be done at or within a specified time, the court may at any time: (1) with or without motion, and for cause shown, 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 failure to act was the result of excusable neglect or good cause shown. But a court may not, except as provided elsewhere in these Rules, extend the time for making a motion for directed verdict, a motion for new trial, a motion to vacate judgment, or for taking an appeal.
(c)Unaffected by Expiration of Term. The doing of any act or the taking of any action permitted by these Rules is not affected or limited by the existence or expiration of a term of court. However, a criminal sentence cannot be modified, altered, or vacated after the end of the term of court in which the defendant was sentenced, except as provided by law.(d)Motions Regarding Computation and Enlargement of Time. A written motion, other than one which may be heard ex parte, and notice of the hearing thereof, shall be served not later than five (5) days before the time fixed for the hearing, unless a different period is fixed by these Rules or by order of the court. Such an order may, for cause shown, be made on ex parte application. Service shall be accomplished in accordance with Rule 1.7. (e)Additional Time After Service by Mail. Whenever a party has the right or is required to do some act or take some action within a prescribed period after the service of a notice or other paper and the notice or paper is served by mail, three (3) days shall be added to the prescribed period.Comment
Rule 1.3 is derived from Rule 6 of the Mississippi Rules of Civil Procedure.
Section (b) provides the court with wide discretion to enlarge various time periods both before and after the actual termination of the allotted time, with the notable exceptions of motions for directed verdict (Rule 21 ), motions for new trial (Rule 25.1 ), motions to vacate judgment (Rule 25.2 ), or appeals (Rules 29 and 30 ). Importantly, such enlargement is to be made only for cause shown. If the application for additional time is made before the period expires, the request may be made ex parte; if it is made after the expiration of the period, notice of the motion shall be given to other parties and the only cause for which extra time can be allowed is "excusable neglect or good cause shown."
Section (c) does not abolish court terms. This Rule merely provides greater flexibility to the courts in attending the myriad functions they must perform, many of which were previously possible only during term time. The Rule is also consistent with provisions elsewhere herein that prescribe a specific number of days for taking certain actions rather than linking time expirations to the opening day, final day, or any other day of a term of court. The rule recognizes that judges do not have the authority to modify, alter, or vacate a criminal sentence after the end of the term of court during which the sentence was given, except as otherwise provided by law. See Creel v. State, 944 So. 2d 891 (Miss. 2006); Miss. Comm'n of Jud. Performance v. Russell, 691 So. 2d 929 (Miss. 1997).