Title 9, Chapter 11, Section 6
( 9-11-6)
(a) Computation. In computing any period of time prescribed or allowed by this chapter, by the rules of any court, by order of court, or by an applicable statute, the computation rules prescribed in paragraph (3) of subsection (d) of Code Section 1-3-1 shall be used. (b) Extension of time. When by this chapter or by a notice given
thereunder or by order of court an act is required or allowed to be
done at or within a specified time, the parties, by written
stipulation of counsel filed in the action, may extend the period,
or the court for cause shown may at any time in its discretion (1)
with or without motion or notice, order the period extended 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 the failure to act was the result of
excusable neglect; provided, however, that no extension of time
shall be granted for the filing of motions for new trial or for
judgment notwithstanding the verdict. (c) 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, except as otherwise specifically provided by law. The
continued existence or expiration of a term of court in no way
affects the power of a court to do any act or take any proceeding in
any civil action which has been pending before it, except as
otherwise specifically provided by law. (d) For motions; for affidavits. 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 days before the time specified for the
hearing, unless a different period is fixed by this chapter or by
order of the court. Such an order may for cause shown be made on ex
parte application. When a motion is supported by affidavit, the
affidavit shall be served with the motion. Opposing affidavits may
be served not later than one day before the hearing, unless the
court permits them to be served at some other time. (e) Additional time after service by mail. Whenever a party 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,
other than process, upon him, and the notice or paper is served upon
him by mail, three days shall be added to the prescribed period. |