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24.26.206    COMPUTING TIME FOR RESPONSES

(1) For the purposes of these rules, the term "days" means calendar days, unless otherwise specified.

(2) When a document is personally delivered, the time period specified for a response is counted starting the day after the delivery is made.

(3) When a document is mailed, the time period specified for a response is counted starting three days after the date of the postmark on the envelope.

(4) Mailed documents are presumed to be mailed on the day they are dated. That presumption may be rebutted by a showing of the postmark. The burden of proof for showing that a document was mailed on a date different than the document's date rests with the person who claims that it was mailed on the different date.

History: 2-4-201, MCA; IMP, 2-4-201, MCA; NEW, 1993 MAR p. 3026, Eff. 1/1/94.

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