23A-41-2. (Rule 45(b)) Extension of time by court--Permitting action after expiration of period--Exceptions.
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/sd/title-23/chapter-23-41/23a-41-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
When an act is required or allowed to be done at or within a specified time, a court for cause shown may at any time in its discretion:
(1)With or without motion or notice, order the period extended if a 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 if the failure to act was the result of excusable neglect.
However, a court may not extend the time for taking an action under chapter 23A-23 , chapter 23A-29 , chapter 23A-30 , or § 23A-31-1 , except to the extent and under the conditions stated in those chapters and section.