Counting the days for 11b or 7 of charter

Moderators: admin, hwybear, Radar Identified, Reflections, Decatur, bend

Observer135
Member
Member
Posts: 129
Joined: Sun Dec 19, 2010 11:33 am

Posting Awards

Counting the days for 11b or 7 of charter

by: Observer135 on
Fri Feb 19, 2016 3:55 pm

So I was reading the process/procedure of how to file a motion under charter section 11b or 7 and one of the things is that it must be filed at least 15 days before the trial.
It goes on to explain a little further that the first and last day do not count when the words "at least" is used under court procedures.
I'm assuming the first day is the day the motion is filled and the last day is the day of trial, if I'm wrong please correct me.
The real question I have is, do weekend days count as part of this 15 days? Or is it just weekdays?




jsherk
High Authority
High Authority
Posts: 1722
Joined: Thu Jul 26, 2012 1:18 pm

by: jsherk on
Fri Feb 19, 2016 9:18 pm

I believe that it is NOT business days, and is actual days including weekends in between although it if the trial date is on a Monday for example, then you would need to have it there by the Friday and they would not count that final Saturday or Sunday. So it is sort of business days but with some weekends.

But yes you are correct that the day you file does not count and the trial date does not count and if the days. Also note, if you send it registered mail (not recommended), then the count does not start until the day they receive it and not the day you sent it. I highly recommend using FAX to send the notices and motion and then print off a copy of the "FAX SENT OK" report.

I would aim to file it by fax 21 to 24 days before the trial date and this would get all the notices where they need to be on time. If you go the registered mail method then you need to be mailing them out at least 30 days before the trial to take into account mailing time.
+++ This is not legal advice, only my opinion +++


Observer135
Member
Member
Posts: 129
Joined: Sun Dec 19, 2010 11:33 am

Posting Awards

by: Observer135 on
Sat Feb 20, 2016 11:33 am

jsherk wrote:I believe that it is NOT business days, and is actual days including weekends in between although it if the trial date is on a Monday for example, then you would need to have it there by the Friday and they would not count that final Saturday or Sunday. So it is sort of business days but with some weekends.
I'm curious as to why you think some weekends count and some don't? What information leads you to believe this is the case?
What ynotp said is rather simple and straight forward, but your explanation makes it rather complicated. I can't see the court procedure having such a complicated formula to simply count the number of days Image




Post Reply
  • Similar Topics

Return to “General Talk”

Who is online

Users browsing this forum: No registered users and 10 guests