General Provisions

215

Rule 110: Time.

(a)   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 is not to be included. The last day of the period so computed shall be included unless:

(1)  it is a Saturday, a Sunday, or a legal holiday as defined in Tenn. Code Ann. § 15-1-101, or

(2)  the act to be done is the filing of a paper in court, and the last day is a day on which the office of the court clerk is closed or on which weather or other conditions have made the office of the court clerk inaccessible.

In either instance, the event period runs until the end of the next day which is not one of the aforementioned days.  Absent statutory authority or a Rule of Juvenile Procedure to the contrary, when the period of time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. 

(b)   Extension.  For cause shown, the court may extend the period of time to perform an act if the request is made prior to the expiration of the period originally prescribed. However, upon motion made after the expiration of the specified period of time to perform an act, the court may permit the act to be done where the failure to act was the result of excusable neglect. This subdivision does not apply to the time for scheduling a detention or preliminary hearing, holding hearings regarding the violation of a valid court order, filing a notice of appeal or request for hearing before the judge from the magistrate’s order.

(c)    Exceptions.  This rule does not apply to the time provided to:

(1)  serve a summons or subpoena;

(2)  make a probable cause determination pursuant to Rules 203 and 302;

(3)  ratify a permanency plan pursuant to T.C.A. § 37-2-403(a); or

(4)  hold a permanency hearing pursuant to T.C.A. §§ 37-1-166(g)(5) and 37-2-409.

Advisory Commission Comments.

Rule 110 adopts the same formula as that provided by T.C.A. § 1-3-102, with two additions: (1) If the last day of a period falls on a Saturday, Sunday, or legal holiday, the period runs until the end of the next day which is not a Saturday, Sunday or legal holiday. Thus, if the period would normally expire, for example, on November 9, but November 9 fell on a Saturday, November 10 was a Sunday, and November 11 was a legal holiday, the rule makes it clear that the period would run until the end of the day, Tuesday, November 12. When the prescribed period is less than 11 days, intermediate Saturdays, Sundays and holidays are excluded. When the time allowed is so short, the party limited by the time should not be further handicapped by losing 1 or more days because normal business operations are suspended by Saturday, Sunday, or legal holiday observances.

Subdivision (b) establishes a single standard for the courts to follow in granting enlargement of the time periods within which various acts must be done. The Rules of Civil Procedure allow for extensions to be liberally granted, but this should not be the case in juvenile court. Extension is to be allowed, even after expiration of the original period, where the failure to take timely action was due to excusable neglect. This subdivision does not apply to the time for scheduling a detention or preliminary hearing, holding hearings regarding the violation of a valid court order, filing a notice of appeal or request for hearing before the judge from the magistrate’s order.

See Rule 117 regarding the entry of orders. Prior to the entry of an order, alawyer or party may request that a copy of the order be mailed upon entry. If the clerk fails to mail a copy of the order immediately after

entry, the parties prejudiced may pursue relief through Rule 213 in delinquent or unruly cases and Rule 310 in dependent and neglect cases, rather than pursuant to this rule.

Subdivision (c) provides that the entire rule is not applicable to the time provided to serve a summons, make a probable cause determination pursuant to Rules 203 and 302, ratify a permanency plan pursuant to T.C.A. § 37-2-403(a), or hold a permanency hearing pursuant to T.C.A. §§ 37-1-166(g)(5) and 37-2-409. The time period of 48 hours for making the probable cause determination pursuant to Rules 203 and 302 is compulsory and may not be extended by the court. The timeframes for ratification of the permanency plan and holding permanency hearings are federally mandated and tied to funding requirements for children in foster care. Service of a summons or subpoena is also excepted from this rule.

Subdivision (c) also tolls the time for a child charged with a delinquent offense and found to be incompetent to stand trial. An adjudicatory hearing or hearing to transfer the child to criminal court may not be held until such time as the child is found to be competent to stand trial.

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