60-206.Time, computation and extension.The following provisions shall govern the computation and extension oftime:
(a) Computation; legal holiday defined. In computing any period oftime prescribed or allowed by this chapter, by the local rules of anydistrict court, by order of court, or by any applicable statute, the day ofthe act, event, or default from which the designated period of time beginsto run shall not be included. The last day of the period so computed is tobe included, unless it is a Saturday, Sunday or a legal holiday,in whichevent the period runs until the end of the next day which is not aSaturday, a Sunday or a legal holiday. Whenthe period of time prescribedor allowed is less than 11 days, intermediate Saturdays,Sundays and legal holidaysshall be excluded in the computation. A half holiday shall be considered asother days and not as a holiday. "Legal holiday" includes any daydesignated as a holiday by the congress of the United States, or by thelegislature of this state, or observed as a holiday by order of the supremecourt. When an act is to be performed within anyprescribed time under any law of this state, or any rule or regulationlawfully promulgated thereunder, and the method for computing such time isnot otherwise specifically provided, the method prescribed herein shallapply.
(b) Enlargement. When by this chapter or by a notice giventhereunder or by order of court an act is required or allowed to be done ator within a specified time, the judge for cause shown may at any time inthe judge's discretion (1) with or without motion or notice order the periodenlarged if request therefor is made before the expiration of the periodoriginally prescribed or as extended by a previous order or (2) upon motionmade after the expiration of the specified period permit the act to be donewhere the failure to act was the result of excusable neglect; but it maynot extend the time for taking any action under subsection (b) ofK.S.A.60-250, subsection (b) of K.S.A. 60-252, subsections (b), (e) and (f) ofK.S.A. 60-259 and subsection (b) of K.S.A. 60-260, andamendments thereto, except to the extent and underthe conditions stated in them.
(c) For motions--affidavits. A written motion, other thanone whichmay be heard ex parte, and notice of the hearing thereof shall beserved not later than five days before the time specified for thehearing, unless a different period is fixed by these rules or by order ofthe judge. Such an order may for cause shown be made on ex parteapplication. When a motion is supported by affidavit, the affidavit shallbe served with the motion; and except as otherwise provided in subsection(d) of K.S.A.60-259, and amendments thereto, opposing affidavits may be servednot later than one daybefore the hearing, unless the court permits them to be served at the timeof hearing.
(d) Additional time after service by mail.Whenever a party hastheright or is required to do some act or take some proceedings within aprescribed period after the service of a notice or other paper uponsuch party andthe notice or paper is served upon such party by mail,three days shall beadded to the prescribed period.
History: L. 1963, ch. 303, 60-206;L. 1988, ch. 207, § 1; L. 1988, ch. 206, § 1; L. 1988, ch. 208, § 1;L. 1997, ch. 173, § 3;L. 2005, ch. 183, § 1;L. 2007, ch. 190, § 16; July 1.
60-206.Time, computation and extension.The following provisions shall govern the computation and extension oftime:
(a) Computation; legal holiday defined. In computing any period oftime prescribed or allowed by this chapter, by the local rules of anydistrict court, by order of court, or by any applicable statute, the day ofthe act, event, or default from which the designated period of time beginsto run shall not be included. The last day of the period so computed is tobe included, unless it is a Saturday, Sunday or a legal holiday,in whichevent the period runs until the end of the next day which is not aSaturday, a Sunday or a legal holiday. Whenthe period of time prescribedor allowed is less than 11 days, intermediate Saturdays,Sundays and legal holidaysshall be excluded in the computation. A half holiday shall be considered asother days and not as a holiday. "Legal holiday" includes any daydesignated as a holiday by the congress of the United States, or by thelegislature of this state, or observed as a holiday by order of the supremecourt. When an act is to be performed within anyprescribed time under any law of this state, or any rule or regulationlawfully promulgated thereunder, and the method for computing such time isnot otherwise specifically provided, the method prescribed herein shallapply.
(b) Enlargement. When by this chapter or by a notice giventhereunder or by order of court an act is required or allowed to be done ator within a specified time, the judge for cause shown may at any time inthe judge's discretion (1) with or without motion or notice order the periodenlarged if request therefor is made before the expiration of the periodoriginally prescribed or as extended by a previous order or (2) upon motionmade after the expiration of the specified period permit the act to be donewhere the failure to act was the result of excusable neglect; but it maynot extend the time for taking any action under subsection (b) ofK.S.A.60-250, subsection (b) of K.S.A. 60-252, subsections (b), (e) and (f) ofK.S.A. 60-259 and subsection (b) of K.S.A. 60-260, andamendments thereto, except to the extent and underthe conditions stated in them.
(c) For motions--affidavits. A written motion, other thanone whichmay be heard ex parte, and notice of the hearing thereof shall beserved not later than five days before the time specified for thehearing, unless a different period is fixed by these rules or by order ofthe judge. Such an order may for cause shown be made on ex parteapplication. When a motion is supported by affidavit, the affidavit shallbe served with the motion; and except as otherwise provided in subsection(d) of K.S.A.60-259, and amendments thereto, opposing affidavits may be servednot later than one daybefore the hearing, unless the court permits them to be served at the timeof hearing.
(d) Additional time after service by mail.Whenever a party hastheright or is required to do some act or take some proceedings within aprescribed period after the service of a notice or other paper uponsuch party andthe notice or paper is served upon such party by mail,three days shall beadded to the prescribed period.
History: L. 1963, ch. 303, 60-206;L. 1988, ch. 207, § 1; L. 1988, ch. 206, § 1; L. 1988, ch. 208, § 1;L. 1997, ch. 173, § 3;L. 2005, ch. 183, § 1;L. 2007, ch. 190, § 16; July 1.
60-206.Time, computation and extension.The following provisions shall govern the computation and extension oftime:
(a) Computation; legal holiday defined. In computing any period oftime prescribed or allowed by this chapter, by the local rules of anydistrict court, by order of court, or by any applicable statute, the day ofthe act, event, or default from which the designated period of time beginsto run shall not be included. The last day of the period so computed is tobe included, unless it is a Saturday, Sunday or a legal holiday,in whichevent the period runs until the end of the next day which is not aSaturday, a Sunday or a legal holiday. Whenthe period of time prescribedor allowed is less than 11 days, intermediate Saturdays,Sundays and legal holidaysshall be excluded in the computation. A half holiday shall be considered asother days and not as a holiday. "Legal holiday" includes any daydesignated as a holiday by the congress of the United States, or by thelegislature of this state, or observed as a holiday by order of the supremecourt. When an act is to be performed within anyprescribed time under any law of this state, or any rule or regulationlawfully promulgated thereunder, and the method for computing such time isnot otherwise specifically provided, the method prescribed herein shallapply.
(b) Enlargement. When by this chapter or by a notice giventhereunder or by order of court an act is required or allowed to be done ator within a specified time, the judge for cause shown may at any time inthe judge's discretion (1) with or without motion or notice order the periodenlarged if request therefor is made before the expiration of the periodoriginally prescribed or as extended by a previous order or (2) upon motionmade after the expiration of the specified period permit the act to be donewhere the failure to act was the result of excusable neglect; but it maynot extend the time for taking any action under subsection (b) ofK.S.A.60-250, subsection (b) of K.S.A. 60-252, subsections (b), (e) and (f) ofK.S.A. 60-259 and subsection (b) of K.S.A. 60-260, andamendments thereto, except to the extent and underthe conditions stated in them.
(c) For motions--affidavits. A written motion, other thanone whichmay be heard ex parte, and notice of the hearing thereof shall beserved not later than five days before the time specified for thehearing, unless a different period is fixed by these rules or by order ofthe judge. Such an order may for cause shown be made on ex parteapplication. When a motion is supported by affidavit, the affidavit shallbe served with the motion; and except as otherwise provided in subsection(d) of K.S.A.60-259, and amendments thereto, opposing affidavits may be servednot later than one daybefore the hearing, unless the court permits them to be served at the timeof hearing.
(d) Additional time after service by mail.Whenever a party hastheright or is required to do some act or take some proceedings within aprescribed period after the service of a notice or other paper uponsuch party andthe notice or paper is served upon such party by mail,three days shall beadded to the prescribed period.
History: L. 1963, ch. 303, 60-206;L. 1988, ch. 207, § 1; L. 1988, ch. 206, § 1; L. 1988, ch. 208, § 1;L. 1997, ch. 173, § 3;L. 2005, ch. 183, § 1;L. 2007, ch. 190, § 16; July 1.
