Rule 10. Enlargement of time

When an act is required or allowed to be done at or within a specified time --

(a) The court for cause shown may at any time in its discretion:

1. With or without 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 of the court.

2. On motion, permit the act to be done after the expiration of the specified period if the failure to act was the result of excusable neglect.

(b) The court may not enlarge the period within which motion may be made for a new trial, for correcting an illegal sentence, or for taking an appeal, except that upon a clear showing of good cause and the absence of prejudice, the period for taking an appeal may be extended for a period not exceeding 30 days.

Construction

Although fact that an attorney is busy on other matters could qualify as cause shown, it did not fall within definition of "excusable neglect", and plaintiff's motion for enlargement of time to file motion for attorney's fees, after expiration of time specified in governing federal procedural rule, was therefore denied. Kansas Packing Co. v. Lavilla, Terr. Ct. St. T. and St. J. 1998, 39 V.I. 71.

Cited

Cited in Fontaine v. Hess Oil V.I. Corp., Terr. Ct. St. C. 2000, 42 V.I. 117.