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Calculating Time

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FAQ - Calculating Time


Basic Rules

(1) Day of the act or default. In calculating any period of time specified or allowed by these rules, by any local rules, by order of a court, or by any applicable statute, the day of the act or default from which the designated period of time begins to run is not included.


(2) If the time period is less than eleven (11) days. When the period of time specified or allowed is less than eleven (11) days before including any additional time allowed under section (b) of this rule, then intermediate Saturdays, Sundays and legal holidays are not included in the calculation of time. When the period of time is eleven (11) days or more, intermediate Saturdays, Sundays and legal holidays are included in the calculation.


(3) Last day. The last day of the period is included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday. [ARCP 6(a)]

Extension of Time

When these rules or a court order require that a person do something by a specified time, including but not limited to filing a document, the court may extend that time period. The court may grant an extension on motion of a person or, if the extension is granted before expiration of the specified time period, on its own and without notice to the individuals involved. After the expiration of the specified time period, the court may grant an extension only if a person files a motion showing that the failure to act before expiration of the time period resulted from the excusable neglect of the person. However, the court may extend the time limits for a motion for judgment as a matter of law under Rule 134(b), a motion for new trial under Rule 138(b), or a motion requesting relief from a judgment or an order under Rule 141(c), only if the court finds that a person entitled to notice of the entry of a judgment or an order did not receive notice from the clerk or from another person within twenty-one (21) days of the date of entry, and that no person would be prejudiced if the court allowed an extension. [ARCP 6(b)]

Additional time for mailing or e-mailing

Except as provided in Rule 114(a), if a person is required to do something within a specified period of time after service of a document, and the document is served by first class postal mail, or by e-mail, then five (5) calendar days are added after the specified period would otherwise expire under Rule 115(a). The term “mail” used in this rule includes every type of professional delivery service except same day hand-delivery. This paragraph does not apply to the distribution of a notice of entry of judgment as provided by Rule 139(f). [ARCP 6(e)]



Date of Arraignment

In computing any period of time based upon the date of arraignment, if an arraignment is not held as provided in Rule 14.1(d), the date that the defendant receives notice of the next court date as provided in Rules 5.8 and 12.10 shall be deemed the date of arraignment.



Rules of Criminal Procedure 1.3. Computation of Time

In computing any period of time of more than 24 hours, prescribed by these rules, by order of court, or by an applicable statute, the day of the act or event from which the designated period of time begins to run is not to be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday or legal holiday, in which case the period shall run until the end of the next day which is neither a Saturday, Sunday nor a legal holiday. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. Whenever a party has the  right or is required to take some action within a prescribed period after service of a notice or other paper and the notice or paper is  served by a method authorized by Rule 5(c)(2)(C), (D) Arizona Rules of Civil Procedure, 5 calendar days shall be added to the prescribed period. Mailing pursuant to Arizona Rule of Civil Procedure 5(c)(2)(C) includes every type of service except same day hand delivery.

Rules of Civil Procedure 6(a). Computation

In computing any period of time specified or allowed by these rules, by any local 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. When the period of time specified or allowed, exclusive of any additional time allowed under subdivision (e) of this rule, is less than 11 days, intermediate Saturdays, Sundays and legal holidays shall not be included in the computation. When the period of time is 11 days or more, intermediate Saturdays, Sundays and legal holidays shall be included in the computation. The last day of the period so computed shall 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.



Rules of Civil Procedure 6. Additional time after service under Rule 5(c)(2)(C), (D), or (E)

Whenever a person has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the person and the notice or paper is served by a method authorized by Rule 5(c)(2)(C), (D), or (E), 5 calendar days are added after the prescribed period would otherwise expire under rule 6(a). This rule has no application to the distribution of notice of entry of judgment required by Rule 58(e).

 

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