2.05.060 Time

(a) Definitions for Court deadlines.

(1) In this subsection, "holiday" means any day that is a holiday provided by the Tribe's government or a federal legal holiday or both, and a full day on Good Friday.

(2) When the period of time prescribed or allowed is less than 11 days, Saturdays, Sundays and holidays shall be excluded in the computation. Notwithstanding any specific rule in computing any period of time prescribed or allowed by Title 1 and this title, by any other statute governing actions and special proceedings, or by order of court, 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 day the clerk of courts office is closed.

(b) When time limits are imposed the following rules shall apply:

(1) When an act is required to be done at or within a specified time, the court may order the period enlarged but only on motion for cause shown and upon just terms.

(2) The time within which a motion challenging the sufficiency of the evidence or for a new trial must be decided shall not be enlarged except for good cause. The order of extension must be made prior to the expiration of the initial decision period.

(3) The time for initiating any appeal may not be enlarged.

(c) A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than 10 days before the time specified for the hearing, unless a different period is fixed by statute or by order of the court. Such an order may for cause shown be made on ex parte motion. When a motion is supported by affidavit, the affidavit shall be served with the motion; and 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. All written motions shall be heard on notice unless a statute or rule permits the motion to be heard ex parte.

(d) 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 upon the party:

(1) If the notice or paper is served by mail, 3 days shall be added to the prescribed period.

(2) If the notice or paper is served by facsimile transmission or by the email and such transmission is completed between 5 p.m. and midnight, 1 day shall be added to the prescribed period.