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Within 30 days - Clarification

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  • Within 30 days - Clarification

    If an endorsement or a court form that says "WILL PROVIDE name of document within 30 days":

    1. Does that mean that the documents must be served within 30 days with day one being the day the endorsement was created?
    2. Or is day one the day after the endorsement was created?
    The endorsement does not say "will serve" therefore we just fax the other party/counsel?
    3. If the 30 days ends on a weekend, can we still fax on the 30th day if that day is a weekend?
    4. What if the 30th day is a holiday?


    What about Request to Admits? They say must respond within 20 days. These documents are not sworn documents (oddly enough):

    1. Does day 1 begin on the day the request to admit was served to us?
    2. Or is day 1 the day after it was served to us?
    3. What if the 20th day is a weekend?
    4. What if the 20th day is a holiday (holidays are coming up!)

  • #2
    Originally posted by Serene View Post
    If an endorsement or a court form that says "WILL PROVIDE name of document within 30 days":

    1. Does that mean that the documents must be served within 30 days with day one being the day the endorsement was created?
    2. Or is day one the day after the endorsement was created?
    The endorsement does not say "will serve" therefore we just fax the other party/counsel?
    3. If the 30 days ends on a weekend, can we still fax on the 30th day if that day is a weekend?
    4. What if the 30th day is a holiday?


    What about Request to Admits? They say must respond within 20 days. These documents are not sworn documents (oddly enough):

    1. Does day 1 begin on the day the request to admit was served to us?
    2. Or is day 1 the day after it was served to us?
    3. What if the 20th day is a weekend?
    4. What if the 20th day is a holiday (holidays are coming up!)
    One day would be the next day - you can't count the day you were served. So if you received it today, tomorrow is day one (ie: one day has passed).

    Holidays and weekends all count as one day. If you are filing a response and the 20th day falls on a holiday or weekend (specifically, a day the court house is closed), then you get until the next day that the court house is open - for example, if day 20 falls on a Saturday then you have until Monday to file. Not sure that would count if you just had to provide a response though.

    20 and 30 days are nice long time frames. Get it done in 10 or 15 and then you'll be sure to be on time.

    Comment


    • #3
      remember faxing a document over 16 pages is not permitted without prior permission.

      Comment

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