Rule 45. Time

(a) Computation . In computing any period of time, the day of the act or event 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 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. When a period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. For the purpose of this subdivision legal holidays shall include days on which the clerk's office is closed pursuant to Rule 54.

(b) Enlargement. When 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 application 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 if the failure to act was the result of excusable neglect; however the court may not extend the time for taking any action under Rules 29, 33, 34, and 35, except to the extent and under the conditions stated in them.

(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. The existence or expiration of a term of court in no way affects the power of a court to act in a criminal proceeding. This Rule shall not affect the times at which a grand jury may be summoned nor shall it affect the limitations upon the power of bail commissioners.

(d) For Motions; 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 7 days before the time specified for the hearing unless a different period is fixed by rule or order of the court. For cause shown such an order may be made on ex parte application. When a motion is supported by affidavit, the affidavit shall be served with the motion, and opposing affidavits may be served not less than one day before the hearing unless the court permits them to be served at a later time.

(e) Additional Time After Service by Mail. Whenever a party has the right or is required to do any act within a prescribed period after the service of a notice or other paper upon the party and the notice or other paper is served upon the party by mail, 3 days shall be added to the prescribed period.

Committee Notes

Committee Advisory Note [December 2014] The Rule parallels the content of Rule 45 of the Maine Rules of Criminal Procedure except that in subdivision (b) references to both Rules 36 and 36B are omitted because new Rule 36 is no longer appropriately included and former Rule 36B is not carried forward into the new Rules.

[Advisory Notes to former Maine Rules of Criminal Procedure]

Advisory Committee Note—1967 [M.R. Crim. P. 45(b).] The changes in Rule 45 are to accommodate numbering changes made in Rule 37 and Rule 39.

Advisory Committee Note—1973 [M.R. Crim. P. 45(b).] Subdivision (b) is amended to delete any reference to Rule 39 since the Superior Court no longer has any jurisdiction to grant extensions of time for filing the designation of contents of the record or for filing the record on appeal.

Advisory Committee Note—1975 [M.R. Crim. P. 45(b).] This amendment is intended to eliminate ambiguity and establish that appellate review of sentence provided for in Rule 40 must be sought within the time provided in that rule.

Advisory Committee Note—1983 [M.R. Crim. P. 45(b).] The amendment corrects an erroneous cross reference. Supreme Judicial Court Note—1984 [M.R. Crim. P. 45(a) and (b).] Rule 45(a) is amended consistent with the simultaneous amendment of Rule 56 to substitute the Chief Justice of the Superior Court for the Chief Justice of the Supreme Judicial Court in the provision defining legal holidays. The amendment implements the delegation authority contained in 4 M.R.S. § 101A, enacted by 1983 Laws, c. 269, which created the position of the Chief Justice of the Superior Court. This and other simultaneous amendments are intended to give the Chief Justice of the Superior Court authority under the Maine Rules of Criminal Procedure parallel to that of the Chief Judge of the District Court under the District Court Criminal Rules. Both officials remain subject to the supervision of the Chief Justice of the Supreme Judicial Court. See 4 M.R.S. §§ 101A, 164.

Advisory Committee Note—1984 [M.R. Crim. P. 45(b).] The amendment adds subdivisions (c) and (d) of Rule 76 and subdivision (a) of Rule 88 to the list of exceptions to Rule 45(b). This corrects an oversight made at the time of their creation. Rule 76(c) is designed to function, to the extent possible, in the same manner as Rule 37. Rule 76(d) contains its own time-extending condition. Rule 88(a) mirrors 15 M.R.S. § 2l0-A (Supp. 1982), which makes no provision for extending the filing time.

Advisory Committee Note—1989 [M.R. Crim. P. 45(a) and (b).] Rule 45(a) is amended to change the reference from former Rule 56 to new Rule 54 and to make clear that the rule applies in both District and Superior Courts. The reference in Rule 45(b) to the limitation on the court's discretion to extend the time for taking certain actions is amended to reflect the renumbering of some rules.

Advisory Committee Note—1996 [ M.R. Crim. P. 45(b).] The amendment adds the reference to new Rule 37C to ensure that any enlargement of time is governed by Rule 37C rather than Rule 45(b).

Advisory Committee Note—2002 [M.R. Crim. P. 45(b).] Rules 37, 37C, 40, 76(e), 76(d) and 88(a) have been abrogated as a result of the Maine Rules of Appellate Procedure.

Advisory Note – June 2006 M.R. Crim. P. 45(b) and (e). The amendment relative to subdivision (b) replaces the colon following the word "reflect" with a semicolon and replaces the word "but" with the word "however" at the beginning of the independent phrase. The amendment relative to subdivision (e) replaces in the text spelled-out number "three" with its figure counterpart. See Advisory Note to M.R. Crim. P. 6(a) and (b)(2).