506.060. Periods of time prescribed or allowed by code — how computed. — 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.
Notes of Decisions
State Ex Rel. White v. Marsh, 646 S.W.2d 357 (Mo. 1983).
· cites it 6× “27(a) cannot change the requirements as to special appearance because rules promulgated under the authority of Art.”
Davis v. Chatter, Inc., 270 S.W.3d 471 (Mo. Ct. App. 2008).
· cites it 4× “Defendants further argue that the trial court gave four days notice of the hearing with respect to plaintiffs’ motion and that five days notice is required by Section 506.060(4) and Rule 44.01(d). Section 506.”
In Re the Trust Under the Last Will & Testament of Jackson, 291 S.W.2d 214 (Mo. Ct. App. 1956).
· cites it 3× “He, as a party to the proceeding then pending, was entitled to present his evidence and offer his views on the matter, both as to the validity of the resignation and, we think, (after the parties were once in court on the question) on the question of the unsuitability of the…”
Heard v. Est. of Frye, 319 S.W.2d 685 (Mo. Ct. App. 1959).
· cites it 6× “Section 506.060, subd. 2 (2); Nattering v.”
State Ex Rel. Boll v. Weinstein, 295 S.W.2d 62 (Mo. 1956).
· cites it 2× “040; the court further said that it would be “presumed that the court impliedly granted defendant leave to file its motion out of time for good cause” under § 506.060 (2), which provides that the court may permit an act to be done out of time where the failure was the result of…”
Baker v. Baker, 274 S.W.2d 322 (Mo. Ct. App. 1955).
· cites it 2× “3 We reject defendant’s contention that, because of Section 506.060 (4), RSMo 1949, V.A.M.S. (by its language plainly applicable only to a “written motion” and “notice of the hearing thereof”), “fairness” and “compliance with the spirit of the law” required “written • notice at…”
Moore v. Glasgow, 366 S.W.2d 475 (Mo. Ct. App. 1963).
· cites it 2× “01 (a); Section 506.060(1). However, in entering on March 26 the order under consideration here, the trial court did not purport to act “of its own initiative” [Rule 75.”
Prudot v. Stevens, 266 S.W.2d 756 (Mo. Ct. App. 1954).
· cites it 2× “Defendant argues that since the transcript was not filed within 90 days after the filing of the notice of appeal, the court could not extend the time unless there was a motion filed and notice given as provided in Section 506.060. Granting that to be true, there is nothing…”
Hance v. Johnson, Stephens & Shinkle Shoe Co., 306 S.W.2d 80 (Mo. Ct. App. 1957).
· cites it 2× “2d 627, 629 (1), and cases there collected]; and, although courts have discretionary power to extend the time for the doing of many acts, they may not enlarge the period within which an appeal may be taken.”
Healer v. Kansas City Pub. Serv. Co., 251 S.W.2d 66 (Mo. 1952).
· cites it 2× “" The judgments of dismissal, while not specifying that the dismissals were without prejudice, amounted to dismissals without *68 prejudice.”
Suburban Bank of Kansas City v. Proposed Jackson Cnty. State Bank of Kansas City, 326 S.W.2d 420 (Mo. Ct. App. 1959).
· cites it 4× “Section 506.060(2) provides that in certain instances when 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 upon motion permit the act to be done after the expiration of the specified time where…”
— Mo. Rev. Stat. § 506.060(1) — 2 cases
Moore v. Glasgow, 366 S.W.2d 475 (Mo. Ct. App. 1963).
“01 (a); Section 506.060(1). However, in entering on March 26 the order under consideration here, the trial court did not purport to act “of its own initiative” [Rule 75.”
— Mo. Rev. Stat. § 506.060(2) — 2 cases
Suburban Bank of Kansas City v. Proposed Jackson Cnty. State Bank of Kansas City, 326 S.W.2d 420 (Mo. Ct. App. 1959).
“Section 506.060(2) provides that in certain instances when 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 upon motion permit the act to be done after the expiration of the specified time where…”
— Mo. Rev. Stat. § 506.060(4) — 2 cases
Davis v. Chatter, Inc., 270 S.W.3d 471 (Mo. Ct. App. 2008).
“Defendants further argue that the trial court gave four days notice of the hearing with respect to plaintiffs’ motion and that five days notice is required by Section 506.060(4) and Rule 44.01(d). Section 506.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.