ORCP 10 – TIME

TIME

RULE 10

A Computation. In computing any period of time prescribed or allowed by these rules, by the local rules of any court or by order of court 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 or a legal holiday, including Sunday, in which event the period runs until the end of the next day that is not a Saturday or a legal holiday. If the period so computed relates to serving a public officer or filing a document at a public office, and if the last day falls on a day when that particular office is closed before the end of or for all of the normal work day, the last day shall be excluded in computing the period of time within which service is to be made or the document is to be filed, in which event the period runs until the close of office hours on the next day the office is open for business. When the period of time prescribed or allowed (without regard to section B of this rule) is less than 7 days, intermediate Saturdays and legal holidays, including Sundays, shall be excluded in the computation. As used in this rule, “legal holiday” means legal holiday as defined in ORS 187.010 and 187.020. This section does not apply to any time limitation governed by ORS 174.120.

C Additional time after service by mail, e-mail, facsimile communication, or electronic service. Except for service of summons, whenever a party has the right or is required to do some act within a prescribed period after the service of a notice or other document upon that party and the notice or document is served by mail, e-mail, facsimile communication, or electronic service, 3 days shall be added to the prescribed period.

[CCP 12/2/78; § C amended by CCP 12/13/80; § A amended by CCP 12/10/88 and 1/6/89; § A amended by 2002 s.s.1 c.10 § 9; §§ A, B, C amended by CCP 12/6/14, eff. Jan. 1, 2016; § B repealed by Laws 2015, c. 212, § 4, eff. June 2, 2015; § C redesignated as § B by Laws 2015, c. 212, § 6, eff. June 2, 2015; § A amended by Laws 2015, c. 212, § 8, eff. June 2, 2015.]

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