Rule 26 - Computing and Extending Time(a)Computing Time. The following rules apply in c omupting any time period specified in these rules, in any appellate court order, or in any statute that does not specify a method of computing time. (1)Period Stated in Days or a Longer Unit. When the period is stated in days or a longer unit of time: (A) exclude the day of the event that triggers the period:(B) count every day, including intermediate Saturdays, Sundays and legal holidays: and(C) include the last day of the period, but if the last day is a Saturday. Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday. Sunday, or legal holiday.(2) Period Stated in Hours. When the period is stated in hours: (A) begin counting immediately on the occurrence of the event that triggers the period:(B) count every hour, including hours during intermediate Saturdays. Sundays, and legal holidays: and(C) if the period would end on a Saturday. Sunday, or legal holiday, the period continues to run until the same time on the next day that is not a Saturday. Sunday, or legal holiday.(3) Inaccessibility of the Clerk's Office. Unless the court orders otherwise, if the clerk's office is inaccessible:(A) on the last day for filing under Rule 26(a)(1). then the time for filing is extended to the first accessible day that is not a Saturday. Sunday, or legal holiday: or(B) during the last hour for filing under Rule 26(a)(2). then the time for filing is extended to the same time on the first accessible day that is not a Saturday. Sunday, or legal holiday.(4) "Last Day" Defined. Unless a different time is set by a statute or court order, the last day ends: (A) for electronic filing under the NEFCR. at 11:59 p.m. in the court's local time:(B) for filing under Rules 4(d) and 25(a)(2)(B)(ii) and (iii). at the latest time for the method chosen for delivery to the post office, third-party commercial carrier, or prison mailing system:(C) for filing via the Supreme Court clerk's drop box under Rule 25(a)(2)(b)(iv). when the Supreme Court building in Las Vegas is scheduled to close: and(D) for filing bv other means, when the clerk's office is scheduled to close.(5) "Next Day Defined. The "next day" is determined by continuing to count forward when the period is measured after an event and backward when measured before an event.(6) "Legal Holiday" Defined. "Legal holiday" means any day set aside as a legal holiday by 236.015.(b) Extending Time.(1) By Court Order.(A) For good cause, the court may extend the time prescribed by these Rules or by its order to perform any act, or may permit an act to be done after that time expires. But the court may not extend the time to file a notice of appeal except as provided in Rule 4(c).(B) Except as otherwise provided in these Rules, a party may, on or before the due date sought to be extended, request by telephone a single 14-day extension of time for performing any act except the filing of a notice of appeal. If good cause is shown, the clerk may grant such a request by telephone or by written order of the clerk. The grant of an extension of time to perform an act under this Rule will bar any further extensions of time to perform the same act unless the party files a written motion for an extension of time demonstrating extraordinary and compelling circumstances why a further extension of time is necessary.(2) By Stipulation. Except as otherwise provided in these Rules, or when not otherwise controlled by statute, the time prescribed by these Rules to perform any act may be extended once for appellant(s) and once for respondent(s) by stipulation of the parties. No stipulation extending time is effective unless approved by the court or a justice or judge thereof; and such stipulations must be filed before expiration of the time period that is sought to be extended.(c)Additional Time After Service. When a party is required or permitted to act within a prescribed period after a paper is served on that party, 3 days are added to the prescribed period unless the paper is delivered on the date of service stated in the proof of service. For purposes of this Rule 26(c). a paper that is served electronically is treated as delivered on the date of service stated in the proof of service. Specific due dates set by court order or acts required to be taken within a time period set forth in a court order are not subject to the additional 3-day allowance.(d) Shortening Time. Except as otherwise provided in these Rules, or when not otherwise controlled by statute, the time prescribed by these Rules to perform any act may be shortened by stipulation of the parties, or by order of the court or a justice or judge. As amended; effective 11/9/2015; amended effective 3/1/2019.Advisory Committee Note-2019 Amendment
Subsection (a).Rule 26(a) is modeled on FRAP 26(a) and changes time deadline calculations so that all deadlines are computed the same way, regardless of how long or short the period is. This simplifies time computation and facilitates "day-of-the-week" counting but has required revisions to other NRAP. To compensate for the shortening of time periods previously expressed as less than 11 days bv the directive to count intermediate Saturdays. Sundays, and legal holidays, some periods have been lengthened. In general periods of time of 5 or fewer days were lengthened to 7 days. and periods of time between 6 and 15 days were set to 14 days. Time periods of 16 to 20 days were set to 21 days. and periods longer than 30 days were retained without change. The use of 7-. 14-. and 21-day periods facilitates "day-of-the-week" counting: for example, if a motion was filed and served on Wednesday with 7 days to respond, the opposition would be due the following Wednesday. Statutory- and rule-based timelines subject to this rule may not be changed concurrently with this rule. If a reduction in the times to respond under those statutes and rules results, an extension of time may be warranted to prevent prejudice.
Subsection (b). The amendments to Rule 26(b)(1)(B) synchronize it with telephonic requests for an extension of time in Rule 31(b).
Subsection (c). In conjunction with the amendments to the Nevada Electronic Filing and Conversion Rules (NEFCR). the amendments to Rule 26(c) clarify that electronic filing does not trigger an additional 3 days to respond. The companion amendments to the NRCP and NEFCR eliminate former inconsistent provisions providing for three days to be added when service is made electronically. The amendments to the NEFCR also require the simultaneous filing and service of documents on submission to a court's electronic filing system. If electronic service after business hours, or iust before or during a weekend or holiday, results in a practical reduction of the time available to respond, an extension of time may be warranted to prevent prejudice.