Tuesday, April 22, 2014

Why does the weekend count on a complaint and the courthouse is close

Question

Why does the weekend count on a complaint and the courthouse is close



Answer

No deadline can fall on the weekend or a court holiday without being moved forward or back to the next or the previous court day. The rule is that if the last day to do something is counted from a starting date forward, like the time to respond to a summons is thirty days after it is served, then the deadline is extended to the next court day after the weekend or holiday. If the last day is counted back from a date, like the last day to complete discovery before trial is 30 days before trial, then the deadline is extended back to the last court day before the weekend or holiday. Other things are counted in "court days." So those just disregard weekends and holidays entirely.



Answer

So weekends count unless the last day to do something falls on a weekend day.



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