FRCP 6(a) Time Computation

[kmckenn]

What is the name of your state?

When the period of time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.

A Court Order issued on 5-17-06 that a party respond "within 10 days", with 5-27-06 falling on a Saturday, Monday 5-29-06 being a legal holiday.... the response would be due.... SATURDAY? or TUESDAY?

 

[seniorjudge]

What is the name of your state?



A Court Order issued on 5-17-06 that a party respond "within 10 days", with 5-27-06 falling on a Saturday, Monday 5-29-06 being a legal holiday.... the response would be due.... SATURDAY? or TUESDAY?

Tuesday.
....

 

[kmckenn]

This is kinda funny, cause this is exactly why it is I am chasing my tail on this one.... And do please understand I am NOT challenging your answer, I am merely demonstrating the extent of my confusion....

Rule 6. Time

(a) Computation.

In computing any period of time prescribed or allowed by these rules, by the local rules of any district court, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, or, when the act to be done is the filing of a paper in court, a day on which weather or other conditions have made the office of the clerk of the district court inaccessible, in which event the period runs until the end of the next day which is not one of the aforementioned days. When the period of time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation

TUESDAY, appears to be exactly inline with the Rule as stated in ITALICS.

Is it POSSIBLE that what it is trying to say, by the use of the word "intermediate blah blah blah", that the WEEKEND prior is ALSO not included (excluded), IE - making it 10 of what we common folk think of as "WORKING DAYS"? which would make it the next Thursday?

 

[JETX]

Sorry... but even though SJ has given you a GENERIC answer..... no one can answer your question with absolute ACCURACY!!
Reason: You didn't follow the RULES of this forum!!!