Rule 5-104. Time.

A. Computing time. This rule applies in computing any time period specified in these rules, in any local rule or court order, or in any statute, unless another Supreme Court rule of procedure contains time computation provisions that expressly supersede this rule. (1) Period stated in days or a longer unit; eleven (11) days or more. When the period is stated as eleven (11) days or a longer unit of time (a) exclude the day of the event that triggers the period; (b) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (c) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. (2) Period stated in days or a longer unit; ten (10) days or less. When the period is stated in days but the number of days is ten (10) days or less (a) exclude the day of the event that triggers the period; (b) exclude intermediate Saturdays, Sundays, and legal holidays; and (c) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. (3) Period stated in hours. When the period is stated in hours (a) begin counting immediately on the occurrence of the event that triggers the period; (b) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and (c) if the period would end on a Saturday, Sunday, or legal holiday, the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday. (4) Unavailability of the court for filing. If the court is closed or is unavailable for filing at any time that the court is regularly open (a) on the last day for filing under Subparagraphs (A)(1) or (A)(2) of this rule, then the time for filing is extended to the first day that the court is open and available for filing that is not a Saturday, Sunday, or legal holiday; or (b) during the last hour for filing under Subparagraph (A)(3) of this rule, then the time for filing is extended to the same time on the first day that the court is open and available for filing that is not a Saturday, Sunday, or legal holiday. (5) “Last day” defined. Unless a different time is set by a court order, the last day ends (a) for electronic filing, at midnight; and (b) for filing by other means, when the court is scheduled to close. (6) “Next day” defined. The “next day” is determined by continuing to count forward when the period is measured after an event and backward when measured before an event. (7) “Legal holiday” defined. “Legal holiday” means the day that the following are observed by the judiciary: (a) New Year’s Day, Martin Luther King Jr.’s Birthday, Presidents’ Day (traditionally observed on the day after Thanksgiving), Memorial Day, Juneteenth, Independence Day, Labor Day, Indigenous Peoples Day, Veterans’ Day, Thanksgiving Day, or Christmas Day; and (b) any other day observed as a holiday by the judiciary. B. Extending time. (1) In General. When an act may or must be done within a specified time, the court may, for cause shown, extend the time (a) with or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires; or (b) on motion made after the time has expired if the party failed to act because of excusable neglect. (2) Exceptions. The court shall not extend the time for a determination of probable cause, for filing a motion for new trial, for filing a notice of appeal, for filing a motion for acquittal, for filing a notice of intent to seek the death penalty, for filing petitions for writs of certiorari seeking review of denials of habeas corpus petitions by the district court, or for filing a motion for an extension of time for commencement of trial, except as otherwise provided in these rules. C. Additional time after certain kinds of service. When a party may or must act within a specified time after service and service is made by mail, facsimile, or by deposit at a location designated for an attorney at a court facility under Rule 5-103(C)(1)(e) NMRA, three (3) days are added after the period would otherwise expire under Paragraph A. Intermediate Saturdays, Sundays, and legal holidays are included in counting these added three (3) days. If the third day is a Saturday, Sunday, or legal holiday, the last day to act is the next day that is not a Saturday, Sunday, or legal holiday. D. Public posting of regular court hours. The court shall publicly post the hours that it is regularly open.