Neb. Sup. Ct. R. 6-1106

As amended through November 11, 2024

Section 6-1106 - [Effective 1/1/2025] Time

(a) Governing Rules and Statutes. Neb. Rev. Stat. § 25-2221 governs the computation of time periods. Section 2-206 governs when documents received by the court-authorized service provider are deemed filed and served.

(b) Extending Time.

(1) In General. When under these rules an act may or must be done within a specified time, the court may, for good cause, extend the time:

(A) with or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires; or

(B) on motion made after the time has expired if the party failed to act because of excusable neglect.

(2) Exceptions. If the time to act is specified by statute, the court must not extend the time except to the extent and under the conditions stated by statute.

(c) Additional Time After Service by Mail. When a party may or must act within a specified time after being served and service is made under § 6-1105(b)(3)(C), 3 days are added after the period would otherwise expire.

Neb. Sup. Ct. R. 6-1106

Rule 6(e) amended June 25, 2008, effective 7/18/2008. Renumbered and codified as § 6-1106(e), effective 7/18/2008; amended June 9, 2021, effective 1/1/2022; amended November 13, 2024, effective 1/1/2025.

COMMENTS TO § 6-1106

[1] Subpart (b) governs extensions of time. The court may extend the time for a party to act if the time is not set by statute. The original version of subpart (b) provided that the court could extend the time for "cause shown" under certain circumstances. The 2024 Amendments changed that to "good cause." The change was stylistic.

[2] The original version of the rule provided that 3 days were added to the applicable time period when a document was served by mail. It was unclear whether the 3 days were added to the time period itself or at the end of the time period as computed by § 25-2221. In 2024, the provision - which now appears in subpart (c) - was reworded to clarify that the 3 days are added after the period would otherwise expire.

[3] For example, answers to interrogatories are normally due 30 days after service. See Neb. Ct. R. Disc. § 6-333(b)(2). If the 30th day is a Saturday, the period would expire on Monday because § 25-2221 specifies that if the last day of the period falls on a weekend or holiday, the period expires at the end of the next day on which the courts are open. Adding 3 days after the period would otherwise expire (Monday) extends the period to Thursday.