506.060. Periods of time prescribed or allowed by code--how computed. - Missouri Statutes

Periods of time prescribed or allowed by code--how computed.

506.060. 1. In computing any period of time prescribed or allowed bythis code, by order of court, or by any applicable statute, the day of theact, event, or default after which the designated period of time begins torun is not to be included. The last day of the period so computed is to beincluded, unless it is a Saturday, Sunday, or a legal holiday, in whichevent the period runs until the end of the next day which is neither aSaturday, Sunday, nor a legal holiday. When the period of time prescribedor allowed is less than seven days, intermediate Saturdays, Sundays, andlegal holidays shall be excluded in the computation.

2. When by this code or by a notice given thereunder or by order ofthe court an act is required or allowed to be done at or within a specifiedtime, the court for cause shown may, at any time in its discretion:

(1) With or without motion or notice, order the period enlarged ifapplication therefor is made before the expiration of the period originallyprescribed or as extended by a previous order; or

(2) Upon motion permit the act to be done after the expiration of thespecified period where the failure to act was the result of excusableneglect; but it may not enlarge the period for filing a motion for orgranting a new trial, or for commencing an action or taking an appeal asprovided by this code.

3. The period of time provided for the doing of any act or the takingof any proceeding is not affected or limited by the expiration of a term ofcourt. The expiration of a term of court in no way affects the power of acourt to do any act or take any proceeding in any civil action which it isotherwise by law authorized to take and which is pending before it.

4. A written motion, other than one which may be heard ex parte, andnotice of the hearing thereof shall be served not later than five daysbefore the time specified for the hearing, unless a different period isfixed by law or court rule or by order of the court. Such an order may forcause shown be made on ex parte application. When a motion is supported byan affidavit, the affidavit shall be served with the motion; and, except asotherwise provided by law in connection with motion for new trial, opposingaffidavits may be served not later than one day before the hearing, unlessthe court permits them to be served at some other time.

(L. 1943 p. 353 § 6, A.L. 2003 H.B. 613)

(1974) Computation of time relating to wrongful death statutes clarified. Bowling v. Webb Gas Co., Inc. of Lebanon (Mo.), 505 S.W.2d 39.