(Rule 45(b)) Extension of time by court--Permitting action after expiration of period--Exceptions.

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23A-41-2.(Rule 45(b)) Extension of time by court--Permitting action after expiration of period--Exceptions.

When an act is required or allowed to be done at or within a specified time, a court for cause shown may at any time in its discretion:

(1)With or without motion or notice, order the period extended if a 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 if the failure to act was the result of excusable neglect.

However, a court may not extend the time for taking an action under chapter 23A-23, chapter 23A-29, chapter 23A-30, or §23A-31-1, except to the extent and under the conditions stated in those chapters and section.

Source: SL 1978, ch 178, §496.


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