Counting the days for 11b or 7 of charter

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Observer135
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Counting the days for 11b or 7 of charter

Unread post by Observer135 on

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?


ynotp
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Unread post by ynotp on

Business days. You need 3 full weeks.


jsherk
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Unread post by jsherk on

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
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Unread post by Observer135 on

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


jsherk
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Unread post by jsherk on

Sure, let's just count business days and not weekends/holidays to keep it simple and then you definitely will not be late with your filing.




+++ This is not legal advice, only my opinion +++


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