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When a person far from the military court must meet a statutory period, can that period be extended, and who extends it?

General information · Not legal advice

Material to check

The practice file to read here holds the paper showing where the person who must perform the procedural act lives or keeps an office, the paper showing where the military court sits, and any record of how inconvenient the transport and communications between the two are, since the provision ties the extension to that distance and that inconvenience.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading holds that a statutory period is extended, if at all, by Supreme Court Rules, keyed to the distance between the residence or office of the person who must act and the seat of the military court, and to the degree of inconvenience of transport and communications; the military court itself is not the actor the provision names, so the extension takes the shape the Rules give it rather than one the court sets on a request.

Another reading stresses what the provision leaves out: it says a period 'may be' extended by Supreme Court Rules on those criteria, but does not say whether the extension reaches a person whose distance and communications do not plainly fall within the criteria the provision names, nor what becomes of a step taken after the ordinary period has run.

Your judgment

When the distance and communications in a file do not plainly fall within the criteria the provision names, what in the record could show whether and how the statutory period is extended?

PRO SE does not make this decision or keep a case record on this public site.

When to reconsider

We look at this again if the provision is amended to let the military court itself extend a period on an application, or if the Supreme Court Rules change the periods or the criteria for extending them.

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