§ 394. — Computation of time.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC394]
TITLE 2--THE CONGRESS
CHAPTER 12--CONTESTED ELECTIONS
Sec. 394. Computation of time
(a) Method of computing time
In computing any period of time prescribed or allowed by this
chapter or by the rules or any order of the committee, the day of the
act, event, or default after which the designated period of time begins
to run shall not be included. The last day of the period so computed
shall be included, unless it is a Saturday, a Sunday, or a legal
holiday, in which event the period shall run until the end of the next
day which is neither a Saturday, a 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. For the purposes of this chapter, ``legal holiday''
shall mean New Year's Day, Washington's Birthday, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas
Day, and any other day appointed as a holiday by the President or the
Congress of the United States.
(b) Service by mail
Whenever a party has the right or is required to do some act or take
some proceeding within a prescribed period after the service of a
pleading, motion, notice, brief, or other paper upon him, which is
served upon him by mail, three days shall be added to the prescribed
period.
(c) Enlargement of time
When by this chapter or by the rules or any order of the committee
an act is required or allowed to be done at or within a specified time,
the committee, for good 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
shall not extend the time for serving and filing the notice of contest
under section 382 of this title.
(Pub. L. 91-138, Sec. 15, Dec. 5, 1969, 83 Stat. 290.)
