Please note, individual courts can always interpret cases and codes uniquely. We thus use the most conservative form of calculation.
See below why we apply CA rolling rules the way we currently do.
1. mail option toggles applied to rolled date counting backward
2. raw date counting forwards
Compare FRCP:
| FRCP 6(d) (“(d) Additional Time After Certain Kinds of Service. When a party may or must act within a specified time after being served and service is made under Rule 5(b)(2)(C) (mail), (D) (leaving with the clerk), or (F) (other means consented to), 3 days are added after the period would otherwise expire under Rule 6(a).”). |
Because the service rule is applied to when the period expires, the time period first expires, triggering the deadline to roll off of weekend/holidays. The service days are then added, and the deadline could roll yet again if it landed on another holiday or weekend.
The deadline can roll multiple times off holidays/weekends.
with,
Compare CCP:
| CCP 1013(a) (“…Service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or make any response within any period or on a date certain after service of the document, which time period or date is prescribed by statute or rule of court, shall be extended five calendar days, upon service by mail, if the place of address and the place of mailing is within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, and 20 calendar days if either the place of mailing or the place of address is outside the United States, but the extension shall not apply to extend the time for filing notice of intention to move for new trial, notice of intention to move to vacate judgment pursuant to Section 663a, or notice of appeal. This extension applies in the absence of a specific exception provided for by this section or other statute or rule of court.”). |
Here, the service days are extending the time period. The service days are being added BEFORE the time expires. There is no way for the deadline to roll prior to service days being calculated in.
The deadline can only roll once off a weekend/holiday, and only after first combining the original deadline and the extension per service days.
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CA USDC South
FRCP example:
Deadline details:
CA - Superior Court - Civil (Los Angeles)
CCP example:
