[WSBAPT] Tedra

Tue Jun 11 14:17:43 PDT 2019

I don't agree with Hans interpretation of CR6 (because I was answering the original post) but I acknowledge Rob's point about the practicalities of the situation.  That's why I pointed out that the judge probably won't strike the pleading anyway.  Especially, if you have the time to timely file your reply.  But sometimes it's more than the day.  With the weekends and with Labor Day recently, I was able to point out to the court that the opposing pleading was 5 days late.  Even then, the judge said that he found for me on the merits of the matters so he "didn't need to address the procedural arguments."  I suspect that if I hadn't won on the merits, the judge would note that since I had time to timely file my reply and the judge had read everything anyway, then "no harm, no foul," and allow the late pleading.

[cid:image003.jpg at 01D5205F.B0B01790]

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Rob Bartlett
Sent: Tuesday, June 11, 2019 1:54 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Tedra

I agree with Hans but for a slightly different reason.  Under RCW 11.96A.100 failing to timely file the response raises a risk of being defaulted by the Court.  Even then, a reply is allowed two days before the hearing anyway.  From a practical standpoint why quibble over a day?  Let them respond on Monday and file your reply two days before the hearing.  Also, because a TEDRA initial hearing is supposed to be dispositive of all issues, it is also in the nature of a summary judgment and that rule is clear that when in doubt the filing party gets the benefit of filing later.

There is no reason to be tricky here; give them the time and reply in a timely manner.

--Rob

Robert M. Bartlett, Esq.
Cook & Bartlett, PLLC
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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 Juhl, Hans P.
Sent: Tuesday, June 11, 2019 1:39 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Tedra

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