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Posts Taged furlough-days

COUNTING THE DAYS UNTIL . . .

Following is some handy information from the Code of Civil Procedure to use when calculating deadlines around furlough days and the Court’s occasional long holiday weekends:

Section 12.  The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded.

As an example, to calculate the date in which to respond to a document filed with the court on April 19, 2010, use April 20 as your start date.

12a.  (a) If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, "holiday" means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays.

Therefore, if the last day to file a document falls on Thanksgiving Day, the filing date is extended until the following Monday.

   (b) This section applies to . . . provisions of law providing or requiring an act to be performed on a particular day or within a specified period of time, whether expressed in this or any other code or statute, ordinance, rule, or regulation.

Best practice dictates that you maintain a current list of holidays for all agencies and courts in which your firm handles matters.

12b.  If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a.

The Court’s holidays are not our holidays:

135.  Every full day designated as a holiday by Section 6700 of the Government Code, including that Thursday of November declared by the President to be Thanksgiving Day, is a judicial holiday, except September 9, known as "Admission Day," and any other day appointed by the President, but not by the Governor, for a public fast, thanksgiving, or holiday. If a judicial holiday falls on a Saturday or a Sunday, the Judicial Council may designate an alternative day for observance of the holiday. Every Saturday and the day after Thanksgiving Day is a judicial holiday. Officers and employees of the courts shall observe only the judicial holidays established pursuant to this section. (italics added)

And be aware of the somewhat tricky conditions imposed by Section 1013:

The service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended five calendar days, upon service by mail, if the place of address and the place of mailing is within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, and 20 calendar days if either the place of mailing or the place of address is outside the United States, but the extension shall not apply to extend the time for filing notice of intention to move for new trial, notice of intention to move to vacate judgment pursuant to Section 663a, or notice of appeal. This extension applies in the absence of a specific exception provided for by this section or other statute or rule of court. (italics  added)

To be safe, the rule should be that when choosing between two sets of deadlines, to always calendar the earlier deadline.

 

Leslie Donahue, Paralegal     Ellen Sheffer, Paralegal

ldonahue@carnaclaw.com    esheffer@carnaclaw.com

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