§ 6-1106.Time.

Current version (effective January 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.

Prior version (in effect before January 1, 2025)

COMMENT Computation of time and legal holidays are governed by § 25-2221 and Neb. Ct. R. § 2-206. Time of filing and time of service. (b) Enlargement. When by these rules 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 court for cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged 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. The court may not extend the time for taking any action specified in any statute, except to the extent and under the conditions stated in the statutes. (c) [Reserved] (d) For Motions--Affidavits. [Reserved] COMMENT Motion practice is governed by Chapter 25, Article 9(d). (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 document upon the party and the notice or document is served under § 6-1105(b)(2)(B), three days shall be added to the prescribed period.