[WSBAPT] Does CR 6(a) give probate creditors an extra day to file a claim if the last day falls on a weekend

Wed Apr 5 10:47:01 PDT 2023

Enjoy the kids; I am pretty sure they don’t care a whit about this topic😊

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Joshua McKarcher
Sent: Wednesday, April 5, 2023 10:29 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Does CR 6(a) give probate creditors an extra day to file a claim if the last day falls on a weekend

Excellent -- thank you Lenard! So, without further research (until I need it!), I think we can say Stover applies in Division I.

And when I'm no longer in airports with small children ;) I'm going to find the amendment history on CR 6, because now I'm WAY too curious to know what was amended and if anything anywhere refers to Stover.

Would love to know if your rejection is upheld, Chandra, if you remember to share.

Best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>
www.mckarcherlaw.com<http://www.mckarcherlaw.com>
________________________________
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 Lenard Wittlake <lwlaw at my180.net<mailto:lwlaw at my180.net>>
Sent: Wednesday, April 5, 2023 10:12 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Does CR 6(a) give probate creditors an extra day to file a claim if the last day falls on a weekend

See the 2018 decision of our Supreme Court in  the Personal Restraint of Eddie Arnold where the court said:

One  division  of the  Court  of  Appeals  should  give  respectful
consideration  to decisions  of  another  division,  but  should  not  apply
stare  decisis  to  that  prior  decision

That was a criminal case, but given the reasoning it should apply to civil cases and special proceedings as well:

We  reject  any kind of  "horizontal  stare  decisis" between or among  the
divisions  of  the  Court  of  Appeals.  Statutes,  court  rules,  prior  case  law  of  the  Court
of  Appeals,  and  prior  decisions  of  this  court  all  compel  a  contrary  conclusion.

Lenard L Wittlake, PLLC
Attorney & Counselor at Law
22 East Poplar Street, Suite 202
P.O. Box 1233
Walla Walla, WA 99362
(509) 529-1529 voice
(509) 850-3515 fax
Lenard at wittlakelaw.com<mailto:Lenard at wittlakelaw.com>

The information contained in this email may be privileged, confidential or
otherwise protected from disclosure.  If you received this email in error,
please reply to the sender that you have received this information in error
and delete this email.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Joshua McKarcher
Sent: Tuesday, April 4, 2023 4:14 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Does CR 6(a) give probate creditors an extra day to file a claim if the last day falls on a weekend

Allow me to embarrass myself (further?) by asking any litigator (or lawyer who has had to think about the question as I now realize I never have) on the chain:

Are divisions II and III bound by decisions of division I, or do we get super exciting “circuit (ok, “division”) splits” that the state Supreme Court must resolve?

No one is obligated to answer. I’m on a plane, so I have time for such questions. ;)

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>
www.mckarcherlaw.com<http://www.mckarcherlaw.com>
________________________________
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 Roger Hawkes <roger at skyvalleylawyers.com<mailto:roger at skyvalleylawyers.com>>
Sent: Tuesday, April 4, 2023 2:20:13 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Does CR 6(a) give probate creditors an extra day to file a claim if the last day falls on a weekend

Josh thinks it is bad law; so do I; but it still operates until coa or supremes overrule it.

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 Diane J. Kiepe
Sent: Tuesday, April 4, 2023 10:43 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Does CR 6(a) give probate creditors an extra day to file a claim if the last day falls on a weekend

Wait – the 3 day rule does not apply to TEDRA – how did I not know this?! I just moved a hearing to account for a second mailing.

Diane J. Kiepe

Diane J. Kiepe

Douglas Eden

717 W. Sprague Ave.

Suite 1500

Spokane, WA  99201

djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>

509-455-5300

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 Joshua McKarcher
Sent: Monday, April 3, 2023 3:36 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Does CR 6(a) give probate creditors an extra day to file a claim if the last day falls on a weekend

Well, Chandra, I am glad you asked this. In summary, I’m wondering if the answer is “In Division I you may win, if Rule CR6(a) was not amended as noted below in 2015 after the 2013 Stover opinion.”

As a total non-litigator reading your question, at first I thought, “Why on earth would the deadline not extend to Monday? Don’t they all?”

Then I discovered Stover (https://www.courts.wa.gov/opinions/pdf/695461.pdf), which I’d never had to read or think about before.

(Go figure the concept of “special proceedings” making 6(e)’s “3-day for mail rule” not apply in TEDRA matters. Great! Surprising; weird; but great! Estates get “greater finality” than non-estates, by a measure of a few days. Why not?)

So then based on the Court’s description of 6(a) being about periods less than 7 days, I’m unclear if 6(a) contained the quoted language below in 2013 as it does now. (CR 6 indicates it was amended on April 28, 2015. I cannot quickly find the history on CR 6, including what was amended in 2015.)

But, in theory, if this sentence was added after Stover, then (in theory), you have a harder case perhaps, because maybe the rule was amended to avoid Stover-like outcomes or something:

“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.”

CR 6(a) applies to “any applicable statute.” Division I seems to say the civil rules don’t apply anyhow, so never mind 6(a)’s time computation rules.

So, it seems like “your” fight would be over whether the creditor’s lawsuit would be a TEDRA action (I assume so); whether Div. I was correct that those are “special proceedings” under CR 81(a) (I assume Div. I thinks it was correct); and whether, regardless of all that, no other statute on the books would make any statutory deadline ending on a Sunday extend to the next court/business day.

I’m intrigued. When you find an answer, PLEASE share it.

Best, Josh

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 Chandra Lewnau
Sent: Monday, April 3, 2023 2:40 PM
To: WSBA Probate & Trust Discussion List <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Does CR 6(a) give probate creditors an extra day to file a claim if the last day falls on a weekend

For the first time I have a probate where the creditor deadline for filing a claim fell on a Sunday and the creditor filed the claim exactly one day late on the Monday. (The PR was served on time.)  Before I have the PR reject the claim, can anyone verify that CR 6(a) does not apply to the notice provisions of RCW 11.40.051 and 30 days means 30 days? I have seen some cases (ex. in re Stover) but nothing specifically on point.

--

--

Chandra M. Lewnau  |  Attorney

WALL GROUP LAW

51 W. Dayton St., Suite 305  |  Edmonds, WA 98020

Tel 425.670.1560  |  Fax 425.361.1512  | http://www.wallgrouplaw.com<http://www.wallgrouplaw.com/>

THIS ACCOUNT IS FOR MAILING LIST PURPOSES ONLY.

For faster response email chandra at wallgrouplaw.com<http://wallgrouplaw.com>
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