[WSBAPT] Tedra

[Paul Neumiller]

I have this fight with an opposing attorney all the time.  CR 6 says when the days specified are under 7 days, then you do not count the weekends or holidays.  So, initially, then it would be the previous Friday.  But, I have also argued that you can't count the day of the hearing because the respondent is entitled to full days and if the hearing is in the middle of the day, then you can't count that day (the judge did not appreciate the quality of my logic).  But you may not get much of a remedy anyway if the opposing counsel is not timely with responses.  The judge may either determine there has been "substantial" compliance or the judge may ask if you want a continuance.


[Paul A  Neumiller]

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Rod Harmon
Sent: Tuesday, June 11, 2019 12:56 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Tedra

TEDRA preliminary hearing is set for a Friday. Statute says the Response is due 5 days before he hearing. That would be Sunday. Does that mean the response is due the Monday before the hearing, or the Friday?

Rod Harmon
425-402-7800
rodharmon at msn.com<mailto:rodharmon at msn.com>
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