(a) Computation. In computing any period of time prescribed or allowed by these rules or by the Federal Rules of Civil Procedure made applicable by these rules, by the local rules, by order of court, or by any applicable statute, the day of the act, event, or default 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, or, when the act to be done is the filing of a paper in court, a day on which weather or other conditions have made the clerks office inaccessible, in which event the period runs until the end of the next day which is not one of the aforementioned days. When the period of time prescribed or allowed is less than 8 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in this rule and in Rule
5001 (c), legal holiday includes New Years Day, Birthday of Martin Luther King, Jr., Washingtons Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day appointed as a holiday by the President or the Congress of the United States, or by the state in which the court is held.
(b) Enlargement.
(1) In General. Except as provided in paragraphs (2) and (3) of this subdivision, when an act is required or allowed to be done at or within a specified period by these rules or by a notice given thereunder or by order of court, the court for cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if the request therefor is made before the expiration of the period originally prescribed or as extended by a previous order or (2) on 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.
(2) Enlargement Not Permitted. The court may not enlarge the time for taking action under Rules
1007 (d),
2003 (a) and (d),
7052,
9023, and
9024.
(3) Enlargement Governed By Other Rules. The court may enlarge the time for taking action under Rules
1006 (b)(2),
1017 (e),
3002 (c),
4003 (b),
4004 (a),
4007 (c),
4008 (a),
8002, and
9033, only to the extent and under the conditions stated in those rules. In addition, the court may enlarge the time to file the statement required under Rule
1007 (b)(7), and to file schedules and statements in a small business case under 1116(3) of the Code, only to the extent and under the conditions stated in Rule
1007 (c).
(c) Reduction.
(1) In General. Except as provided in paragraph (2) of this subdivision, when an act is required or allowed to be done at or within a specified time by these rules or by a notice given thereunder or by order of court, the court for cause shown may in its discretion with or without motion or notice order the period reduced.
(2) Reduction Not Permitted. The court may not reduce the time for taking action under Rules
2002 (a)(7),
2003 (a),
3002 (c),
3014,
3015,
4001 (b)(2), (c)(2),
4003 (a),
4004 (a),
4007 (c),
4008 (a),
8002, and
9033 (b). In addition, the court may not reduce the time under Rule
1007 (c) to file the statement required by Rule
1007 (b)(7).
(d) For MotionsAffidavits. A written motion, other than one which may be heard ex parte, and notice of any hearing shall be served not later than five days before the time specified for such hearing, unless a different period is fixed by these rules 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; and, except as otherwise provided in Rule
9023, 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) Time of Service. Service of process and service of any paper other than process or of notice by mail is complete on mailing.
(f) Additional Time After Service by Mail or Under Rule 5(b)(2)(C) or (D) F.R.Civ.P. When there is a right or requirement to act or undertake some proceedings within a prescribed period after service and that service is by mail or under Rule 5 (b)(2)(C) or (D) F. R. Civ. P., three days are added after the prescribed period would otherwise expire under Rule
9006 (a).
(g) Grain Storage Facility Cases. This rule shall not limit the courts authority under 557 of the Code to enter orders governing procedures in cases in which the debtor is an owner or operator of a grain storage facility.
