MS · rules
Miss. R. Civ. P. 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 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,
as defined by statute, or any other day when the courthouse or the clerk’s office is in fact
closed, whether with or without legal authority, in which event the period runs until the end
of the next day which is not a Saturday, a Sunday, a legal holiday, or any other day when the
courthouse or the clerk’s office is closed. When the period of time prescribed or allowed is
less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded
in the computation. In the event any legal holiday falls on a Sunday, the next following day
shall be a legal holiday.
(b) Enlargement. When by these rules or by notice given thereunder or by order of
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 therefore 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 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),
59(d), 59(e), 60(b), and 60(c) except to the extent and under the conditions therein stated.
(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 do any act or take any proceeding in a civil action
consistent with these rules.
(d) Motions. A written motion, other than one which may be heard ex parte, and
notice of the hearing thereof shall be served not later than five days before the time fixed for
the 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 59(c), 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) Additional Time After Service by Mail. Whenever a party has the right or is
required to do some act or take some proceedings within a prescribed period after the service
of a notice or other paper upon him and the notice or paper is served upon him by mail, three
days shall be added to the prescribed period. This subdivision does not apply to responses
to service of summons under Rule 4.
History
[Amended effective March 1, 1989; amended effective June 24, 1992; amended effective July 1, 2008.]
Provenance
- Source
- courts.ms.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
8c03829e21bf458ce1d15202e1c3f51c184e81ebfbc49e5fe50d0a4b0047d7e5
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