Missouri Revised Statutes













Chapter 506

Commencement of Actions and General Provisions

←506.050

Section 506.060.1

506.080→

August 28, 2015

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

506.060. 1. In computing any period of time prescribed or allowed by

this code, by order of court, or by any applicable statute, the day of the

act, event, or default after which the designated period of time begins to

run is not to be included. The last day of the period so computed is to be

included, unless it is a Saturday, Sunday, or a legal holiday, in which event

the period runs until the end of the next day which is neither a Saturday,

Sunday, nor a legal holiday. 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.



2. When by this code or by a notice given thereunder or by order of the

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

application therefor is made before the expiration of the period originally

prescribed or as extended by a previous order; or



(2) Upon motion permit the act to be done after the expiration of the

specified period where the failure to act was the result of excusable

neglect; but it may not enlarge the period for filing a motion for or

granting a new trial, or for commencing an action or taking an appeal as

provided by this code.



3. The period of time provided for the doing of any act or the taking of

any proceeding is not affected or limited by the expiration of a term of

court. The expiration of a term of court in no way affects the power of a

court to do any act or take any proceeding in any civil action which it is

otherwise by law authorized to take and which is pending before it.



4. 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 specified for the hearing, unless a different period is fixed by law

or court rule 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 an affidavit,

the affidavit shall be served with the motion; and, except as otherwise

provided by law in connection with motion for new trial, 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.



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





1991



1991



506.060. 1. In computing any period of time prescribed or

allowed by this code, by order of court, or by any applicable

statute, the day of the act, event or default after which the

designated period of time begins to run is not to be included.

The last day of the period so computed is to be included, unless

it is a Sunday or a legal holiday, in which event the period runs

until the end of the next day which is neither a Sunday nor a

legal holiday. When the period of time prescribed or allowed is

less than seven days, intermediate Sundays and legal holidays

shall be excluded in the computation. A half holiday shall be

considered as other days and not as a legal holiday.



2. When by this code or by a notice given thereunder or by

order of the 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 application therefor is made before the expiration of

the period originally prescribed or as extended by a previous

order; or



(2) Upon motion permit the act to be done after the

expiration of the specified period where the failure to act was

the result of excusable neglect; but it may not enlarge the

period for filing a motion for or granting a new trial, or for

commencing an action or taking an appeal as provided by this

code.



3. The period of time provided for the doing of any act or

the taking of any proceeding is not affected or limited by the

expiration of a term of court. The expiration of a term of court

in no way affects the power of a court to do any act or take any

proceeding in any civil action which it is otherwise by law

authorized to take and which is pending before it.



4. 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 specified for the hearing,

unless a different period is fixed by law or court rule 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 an

affidavit, the affidavit shall be served with the motion; and,

except as otherwise provided by law in connection with motion for

new trial, 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.



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