Timing Rules Flashcards
(10 cards)
What is the rule regarding the counting of the day of an event when a statute requires an act to be performed within a prescribed amount of time?
The day of such motion or proceeding is not counted, but the day on which such act is performed is counted.
When calculating response dates, what happens if a paper is served by manual delivery by 5:00 p.m.?
No days are added to the prescribed period.
What is the effect on the prescribed period if a paper is served by facsimile transmission completed no later than 5:00 p.m.?
No days are added to the prescribed period.
What is the impact on the prescribed period if a paper is served by electronic mail transmitted no later than 5:00 p.m.?
No days are added to the prescribed period.
What happens if a paper is served by placing it in the hands of a commercial delivery service before midnight for next-day delivery?
One day is added to the prescribed period.
What is the rule if manual delivery, facsimile, or electronic mail is completed after 5:00 p.m. but before midnight?
One day is added to the prescribed period.
How many days are added to the prescribed period if a paper is served by mail?
Three days are added to the prescribed period.
How is Sunday treated in the computation of time for judicial proceedings?
Sunday is treated as any other day.
What happens if the last day for performing an act falls on a Saturday, Sunday, or legal holiday?
The act may be performed on the next day that is not a Saturday, Sunday, legal holiday, or day when the clerk’s office is closed.
What constitutes a legal holiday according to the rules?
Any day on which the Governor authorizes the closing of the state government.
