[WSBAPT] Tedra

[Juhl, Hans P.]

This is what CR 6(a) says:

(a)  Computation. In computing any period of time prescribed or allowed by these rules, by the local rules
of any superior 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, in which event the period runs until the
end of the next day which is neither a Saturday, a Sunday nor a legal holiday. Legal holidays are prescribed in
RCW 1.16.050. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays,
Sundays and legal holidays shall be excluded in the computation.


It's the day after.

Hans P. Juhl
Attorney
Ryan, Swanson & Cleveland, PLLC
1201 Third Avenue, Suite 3400 | Seattle WA 98101-3034
Direct 206.654.2203 | Direct Fax 206.652.2903
juhl at ryanlaw.com<mailto:juhl at ryanlaw.com> | www.ryanswansonlaw.com<https://www.ryanswansonlaw.com>

[Ryan Swanson and Cleveland Logo]<https://www.ryanswansonlaw.com/>
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Tuesday, June 11, 2019 1:27 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Tedra

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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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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