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

Fri Apr 7 12:08:59 PDT 2023

As far as I know, the 2015 amendment was to CR 6(e) and it just replaced
references to "him" with references to "party" instead. At least, that is
what I found in lawfilesext.leg.wa.gov/Law/WSR/2015/10/15-10MISC.pdf.

On Wed, Apr 5, 2023 at 10:52 AM Roger Hawkes <roger at skyvalleylawyers.com>
wrote:

> 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
>
> www.mckarcherlaw.com
> ------------------------------
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> on behalf of Lenard Wittlake <
> lwlaw at my180.net>
> *Sent:* Wednesday, April 5, 2023 10:12 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
>
>
>
> 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
>
>
>
> 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
> <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
>
> www.mckarcherlaw.com
> ------------------------------
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> on behalf of Roger Hawkes <
> roger at skyvalleylawyers.com>
> *Sent:* Tuesday, April 4, 2023 2:20:13 PM
> *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
>
>
>
> 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 <
> 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>
> *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
>
> 509-455-5300
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> 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>
> *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 <
> 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>
> *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
>
> THIS ACCOUNT IS FOR MAILING LIST PURPOSES ONLY.
>
> For faster response email chandra at wallgrouplaw.com
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