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Rule 115. How to Calculate Time

Arizona Revised Statutes AnnotatedJustice Court Rules of Civil Procedure

Arizona Revised Statutes Annotated
Justice Court Rules of Civil Procedure (Refs & Annos)
Part V: Responding to a Lawsuit
17B A.R.S. Justice Court Civ.Proc.Rules, Rule 115
Rule 115. How to Calculate Time
a. Basic rules.
(1) Day of the act or default. In calculating any period of time specified or allowed by these rules, by any local rules, by order of a court, or by any applicable statute, the day of the act or default from which the designated period of time begins to run is not included.
(2) If the time period is less than eleven (11) days. When the period of time specified or allowed is less than eleven (11) days before including any additional time allowed under section (b) of this rule, then intermediate Saturdays, Sundays and legal holidays are not included in the calculation of time. When the period of time is eleven (11) days or more, intermediate Saturdays, Sundays and legal holidays are included in the calculation.
(3) Last day. The last day of the period is included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday. [ARCP 6(a)]
b. Additional time for mailing or e-mailing. Except as provided in Rule 114(a), if a party is required to do something within a specified period of time after service of a document, and the document is served by first class postal mail, or by e-mail, then five (5) calendar days are added after the specified period would otherwise expire under Rule 115(a). The term “mail” used in this rule includes every type of professional delivery service except same day hand-delivery. This paragraph does not apply to the distribution of a notice of entry of judgment as provided by Rule 139(f). [ARCP 6(e)]
c. Extension of time. When these rules or a court order require that a party do something by a specified time, including but not limited to filing a document, the court may extend that time period. The court may grant an extension on motion of a party or, if the extension is granted before expiration of the specified time period, on its own and without notice to the parties. After the expiration of the specified time period, the court may grant an extension only if a party files a motion showing that the party's failure to act before expiration of the time period resulted from the party's excusable neglect. However, the court may extend the time limits for a motion for judgment as a matter of law under Rule 134(b), a motion for new trial under Rule 138(b), or a motion requesting relief from a judgment or an order under Rule 141(c), only if the court finds that a party entitled to notice of the entry of a judgment or an order did not receive notice from the clerk or from another party within twenty-one (21) days of the date of entry, and that no party would be prejudiced if the court allowed an extension. [ARCP 6(b)]

Credits

Adopted Aug. 30, 2012, effective Jan. 1, 2013. Amended on an emergency basis Feb. 13, 2013, effective Feb. 13, 2013, amendment adopted on a permanent basis Aug. 28, 2013.
17B A. R. S. Justice Court Civ. Proc. Rules, Rule 115, AZ ST J CT RCP Rule 115
State Court Rules are current with amendments received through 11/1/21. The Code of Judicial Administration is current with amendments received through 11/1/21.
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