9-11-6
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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.