QUESTION
If a deadline to file a pleading with the court is due on a weekend, is it due the previous Friday or next Monday?
Asked on Sep 13th, 2013 on Personal Injury - Oklahoma
More details to this question:
I'm filing a traffic court appeal due 9/15, thus Sunday.
6 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Before 5:00 pm Monday. Same rule applies to holidays as well.
Answered on Sep 13th, 2013 at 2:40 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Michigan Court Rule (MCR) 1.108(1) indicates that if the "last day of the period is included, unless it is a Saturday, Sunday, legal holiday, or day on which the court is closed pursuant to court order; in that event the period runs until the end of the next day that is not a Saturday, Sunday, legal holiday or day on which the court is closed.
Answered on Sep 13th, 2013 at 12:31 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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If you are in SC, it is Monday. This is probably the Rule in most states as well.
Answered on Sep 13th, 2013 at 12:30 PM
NA richard@jandjlaw.com
When counting days, include the first day of the time period and exclude the last day, holidays and Saturdays and Sundays. The safer route is to file on Friday, obviously.
Answered on Sep 13th, 2013 at 11:30 AM
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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In Utah if the deadline to file a pleading ("document") with the court is on a weekend or holiday, it is due the next day the court is open for business.
Answered on Sep 13th, 2013 at 11:10 AM
Whenever a due date falls on a closed day of the court, it becomes due on the first day the court is open for business. As Monday is not a holiday, your due date is now Monday instead of Sunday.
Answered on Sep 13th, 2013 at 11:04 AM