RULES OF CIVIL PROCEDURE For the Trial Division of the Yap ...

upon the plaintiff constitutes due notice of it to the parties. A copy of every such order
shall be served upon the parties in such manner and form as the court directs.
(d) Filing. All papers after the complaint required to be served upon a party shall be
filed with the court either before service or within a reasonable time thereafter, but the
court may on motion of a party or on its own initiative order that depositions upon oral
examinations and interrogatories, requests for documents, requests for admission, and
answers and responses thereto not be filed unless on order of the court or for use in the
proceeding.
(e) Filing with the Court Defined. The filing of pleadings and other papers with the
court as required by these rules shall be made by filing them with the clerk of the court,
except that the justice may permit the papers to be filed with him, in which event he shall
note on the papers the filing date and immediately transmit them to the office of the clerk.
Comment: Rule 5 has been amended to correct a typo. The word “reason” in the
second to last sentence has been changed to “person.”
Rule 6. Time.
(a) Computation. In computing any period of time under these rules, by order of
court, or by any applicable statute, the day of the act, event, or default from which the
designated period of time begins to run shall not be included, unless it is a Saturday, a
Sunday, or a legal holiday, in which event the period runs until the end of the next day
which is not a Saturday, a Sunday, or a legal holiday. When the period of time prescribed
or allowed is less then 7 days, intermediate Saturdays, Sundays, and legal holidays shall
be excluded in the computation. As used in this rule and in Rule 77(c), "legal holiday"
includes any day so authorized by the laws of the State of Yap.
(b) Enlargement. When by these rules or by a notice given under these rules or by
order of court an act is required or allowed to be done at or within a specific time, the
court for good reason shown may at any time in its discretion (1) with or without motion
or notice, order the period lengthened if such a request 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 may not extend the time for taking
any action under Rules 52(b), 59(b), (d) and (e), and 60(b), except to the extent and under
the conditions stated in them.
(c) Vacant. (Unaffected by Expiration of Terms) (Rescinded)
(d) For Motions – Affidavits. A written motion shall be served, with a memorandum
of points and authorities. When a motion is supported by affidavit, the affidavit shall be
served with the motion. Unless otherwise specified by Yap State Court Rules or a law of
the State of Yap, the Court shall schedule a hearing on the motion once it is filed if a
party so requests. Such hearing shall be scheduled no sooner than 14 days after the
motion is filed, unless the court orders otherwise.