RULE 6. TIME.

Rule 6.01 Computation.

In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the date 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 as computed is to be included unless it is a Saturday, a Sunday, a legal holiday, or a day when the clerk's office for filing is closed, in which event the period run until the end of the next day which is not a Saturday, a Sunday, a legal holiday, or a day when the clerk's office for filing is closed. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

Rule 6.02 Enlargement.

When by statute or by these rules or by a notice given thereunder or by order of 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 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, where the failure to act was the result of excusable neglect, but it may not extend the time for taking any action under Rules 50.02, 59.01, 59.03 or 59.04, except to the extent and under the conditions stated in those rules. Provided, this subsection shall not apply to the time provided in Tennessee Code Annotated, § 27-3-112 [repealed] for praying an appeal and filing appeal bond, nor to the time provided in Tennessee Code Annotated, § 27-1-111 [repealed] for filing a bill of exceptions.

Rule 6.03 Unaffected by Expiration of Term - Chambers Orders.

(1) The period of time provided for the doing of any act or the taking of any proceeding is not affected or limited by the continued existence or expiration of a term of court. The continued existence or 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 has been pending before it.

(2) The judge or chancellor may make or direct in chambers any order, rule, judgment or decree in any civil action, except the conducting of a trial when a jury is required and of the hearing and determination by final decree of any contested divorce case unless consented to by the parties.


Rule 6.04 For Motions - Affidavits.

(1) 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 (5) days before the time specified for the hearing, unless a specific period is fixed by these rules or by order of the court. Such an order may for cause shown be made on ex parte application.

(2) When a motion is supported by affidavit, the affidavit shall be served with the motion; and, except as otherwise provided in Rule 59.02, opposing affidavits may be served not later than one (1) day before the hearing, unless the court permits them to be served at some other time.

Rule 6.05 Additional Time after Service by Mail.

Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by mail three (3) days shall be added to the prescribed period.

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