[WSBAPT] probate notice via mail - do CR5 and CR6 "work" differently from each other?

[Joshua McKarcher]

When a probate hearing (such as one for nonintervention powers) requires 10-day notice...

CR6(a) states the usual rule that it counts weekends and holidays unless the period ends on one; and (e) states the "mail rule" that 3 days are added to the period. This suggests the notice period for a probate pleading is 13 days.

But CR5(b)(2)(A) says service by mail is complete 3 days after placed in the mail except when that lands on a weekend or holiday.

Assume a hearing is on Tuesday the 15th of a month.

Service mailed out on Wednesday the 2nd is 13 days ahead, which is 10 + 3 days, as under CR6.

But service mailed out on Wednesday the 2nd is (maybe?) not "complete" under CR5(b)(2)(A) until Monday the 7th (because 3 days after Wednesday is Saturday). And Monday the 7th is only 8 days before Tuesday the 15th. Is this 2 days shy of the required notice period?

I do not litigate enough. What am I missing here? Which method is correct in probate land where a hearing on nonintervention powers must be noticed up 10 days before the hearing and the hearing is on a Tuesday?

Help! Thanks!

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/>

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