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

Tue Sep 9 20:47:59 PDT 2025

Fascinating. Have our fine state's litigators or civil practitioners or rule writers ever explained why these two adjacent rules describe this scenario so differently?

Because it sure seems like service 13 days before a hearing date is 10 + 3 days in advance under CR6, and I don't understand how or why CR5 changes that.

And if these rules are so difficult that our county courts require bizarre scenario tables to assist LAWYERS and JUDGES, how does that create a sensible, efficient and LEVEL playing field for our state's citizens, pro se or otherwise?

I'm admitted and started my career in Virginia and DC, then moved back here to Idaho and Washington. I've never encountered such confusion -- much less two adjacent rules appearing to address the same issue -- in any state or federal jurisdiction (federal bankruptcy, district, or circuit courts of appeal).

Mind blowing.

You are very kind to have engaged me, Andrekita. Thank you. 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<http://www.mckarcherlaw.com/>
________________________________
From: Andrekita Silva <ak at seattle-silvalaw.com>
Sent: Tuesday, September 9, 2025 7:40 PM
To: Joshua McKarcher <josh at mckarcherlaw.com>
Cc: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] probate notice via mail - do CR5 and CR6 "work" differently from each other?

Law Office of F. Andrekita Silva
______________________________________________________________________________________________________________________________

September 9, 2025

Joshua,

If you mailed on Wednesday, September 3, then the date of service is Saturday, September 6.
So, you start counting on Sunday. In that event, day 10 is on September 16. That is the earliest day you can hold a hearing.

Let's say you mailed on August 29. Monday is a holiday so service cannot be until Tuesday, September 2. In that case, the earliest hearing date is Friday, September 12.

This day counting business can get so confusing that Snohomish County has a little calendar that, for purposes of calculating the deadline for Confirmation of Hearing, literally, it has a grid where it counts the days for you.  It says "if your hearing is on xxxx, the this day and time is when you can start confirming,  and this day and time is your deadline.  It's really helpful.

Andrekita Silva
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 940
Seattle, Washington 98101-2509
206-224-8288
ak at seattle-silvalaw.com<mailto:ak at seattle-silvalaw.com>

On 2025/09/09 19:25, Joshua McKarcher wrote:
Thank you, Andrekita. In your first example (CR5(b)(2)(A)), what do
you "get" if the 2nd is Wednesday, however, instead of Tuesday? That's
my hypo. If you mail on Wed. 2nd, is service not "complete" until
Saturday-forwarded-to-Monday the 7th and then it is only 8 days until
the following Tuesday the 15th?

Whereas under the CR6(a) "method" it seems much simpler: 10+3=13 and
Wednesday the 2nd is 13 days before Tuesday the 15th.

I've either found some black hole into which math goes to die, OR one
of these does not mean what I "think" it means . . . . maybe?

I have this "feeling" it has to do with CR5(b)(2)(A) and its weird
"service is complete" mechanic not applying for probate notices, but I
cannot put my finger on WHY I have this feeling.

From: Andrekita Silva <ak at seattle-silvalaw.com<mailto:ak at seattle-silvalaw.com>>
Sent: Tuesday, September 9, 2025 7:17 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Cc: Joshua McKarcher <josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>>
Subject: Re: [WSBAPT] probate notice via mail - do CR5 and CR6 "work"
differently from each other?

Law Office of F. Andrekita Silva
______________________________________________________________________________________________________________________________

September 9, 2025

Joshua,

Maybe I am the one missing something. But, if you mailed on 9/2, then
service by mail was complete on Friday, September 5.
So, now 10 days notice is required. So, CR6 says you can't count the
day of the act from which time begins to run.

So, start counting on Saturday, 9/6. The 10th day is Monday, September
15.  So, that is 10 days notice.

That's how I count it anyway.

CR6:
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.

Andrekita Silva
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 940
Seattle, Washington 98101-2509
206-224-8288
ak at seattle-silvalaw.com<mailto:ak at seattle-silvalaw.com>

On 2025/09/09 16:22, Joshua McKarcher wrote:

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>

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