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ADillon
ADillon, Lawyer
Category: Criminal Law
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Experience:  Several years of experience with criminal trials and appeals.
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How do we count time in california. Ex. If I have twenty ...

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How do we count time in california. Ex. If I have twenty days to request a new trial, would that twenty days count weekends or court holidays. Please include satute(s)
Submitted: 6 years ago.
Category: Criminal Law
Expert:  ADillon replied 6 years ago.

Hello.

It would be useful to know the particular type of motion. Is it in fact a Motion for a New Trial? If not, then please indicate the type of motion or filing.

Thanks.

Customer: replied 6 years ago.
I am fileing a request for a new trial (trial de novo) pursuant to CVC 40902. I have 20 days from date of mailing (3-11-08) to request a trial de novo. I tried to request it yesterday, but it was a court holiday (3-31-08). I want to file it today but don't know if it is too late.
Expert:  ADillon replied 6 years ago.

Thanks for that clarification.

The time for taking an action is tolled (or delayed) if the deadline falls on a Saturday, Sunday, or Holiday. The rule states, "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday." Rule 12(a) CODE OF CIVIL PROCEDURE. You can find the rule here: http://caselaw.lp.findlaw.com/cacodes/ccp/2-33.html

(The term "holiday" will include a Sunday.)

Also note: You would often get 5 additional days to take an action after an order or other paper is mailed to you, but this does not apply to a motion for a new trial. The rule states: "The service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended five calendar days, upon service by mail, if the place of address and the place of mailing is within the State of California, . . . . but the extension shall not apply to extend the time for filing notice of intention to move for new trial." This rule can be found here: http://law.onecle.com/california/civil-procedure/1013.html

Finally, you should also review Rule 660, as this addresses some of the procedures for a new trial motion. This rule can be found at this link:

http://www.legaltips.org/california/california_code_of_civil_procedure/656-663.2.aspx

If you are satisfied with this answer, then click "accept" so that I can receive credit for this response.

ADillon, Lawyer
Category: Criminal Law
Satisfied Customers: 441
Experience: Several years of experience with criminal trials and appeals.
ADillon and 10 other Criminal Law Specialists are ready to help you

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