Alaska R. Civ. P. 6

As amended through October 31, 2024

Rule 6 - Time

(a)Computation. In computing any period of time prescribed or allowed by these 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 is not to be included. The last day of the period is to 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, Sunday, or legal holiday. When the period of time prescribed or allowed is less than seven days, not counting any period for mailing added under subsection (c) of this rule, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. A half holiday shall be considered as other days and not as a holiday.

(b)Enlargement. When by these rules or by a notice given thereunder or by order of the court 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 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; but it may not extend the time for taking any action under Rules 50(b), 52(b), 59(b), and (e) and (f), and 60(b), except to the extent and under the conditions stated in them.

(c)Additional Time After Service or Distribution by Non-Electronic Mail. Whenever a party has the right or is required to act within a prescribed period after the service or distribution of a document, other than documents served under Civil Rule 4(h), and the document is served or distributed by non-electronic mail, three calendar days shall be added to the prescribed period. However, no additional time shall be added if a court order specifies a particular calendar date by which an act must occur.

Alaska R. Civ. P. 6

Adopted by SCO 5 October 9, 1959; amended by SCO 49 effective January 1, 1963; by SCO 98 effective September 16, 1968; by SCO 258 effective November 15, 1976; by SCO 274 effective June 15, 1977; by SCO 704 effective September 15, 1986; by SCO 836 effective August 1, 1987; by SCO 878 effective July 15, 1988; by SCO 1007 effective January 15, 1990; by SCO 1639 effective October 15, 2007; by SCO 1694 effective October 15, 2009; by SCO 1766 effective October 14, 2011; by SCO 1875 effective July 1, 2016; by SCO 1875 effective March 9, 2021; by SCO 1990 effective October 13, 2022; and by SCO 1995 rescinded SCO 1875 effective November 29, 2022

Ch. 77 SLA 2002 (HB 157), Section 2, adds new Chapter 26 to Title 6 of the Alaska Statutes, concerning providers of fiduciary services. According to Section 9 of the Act, AS 06.26.760(b)(2) has the effect of amending Civil Rule 6 by postponing the deadlines for the filing of pleadings and other documents by a trust company in a civil action when the Department of Community and Economic Development has taken possession of the trust company.

Note: SCO 1875 and SCO 1875 (Amended) are rescinded by SCO 1995. SCO 1875 (Amended) provided the following:

Civil Rule 6(a), Criminal Rule 40(a), and Appellate Rule 502(a) are amended on a temporary basis as follows:

Any filing that is due on a day that the court is closed for either a full day or a partial day will beconsidered timely filed if it is filed by close of business on the next regular business day. Any day the court is closed for a full weekday or partial weekday will be considered a "legal holiday" for the purposes of time computation.

Court closures will be announced on the Alaska Court System website at http://courts.alaska.gov/.

During a transition period until January 1, 2023, any filing that is due on a Friday in December 2022 will be deemed timely filed if filed by the close of business on the next regular business day. Also, those Fridays are deemed a "legal holiday" for the purposes of time computation.

Note: Chapter 41, SLA 2022 (HB 172) enacted procedures for involuntarily holding a person at an evaluation or subacute mental health facility. According to section 35 of the Act, provisions in sections 16 (enacting AS 47.30.708(d)) and 20 (amending AS 47.30.805(a)(1)) of the Act have the effect of changing Civil Rule 6, effective October 13, 2022, by changing the procedure for computing time in certain cases.