Tuesday, January 24, 2012

Lincoln's Day saves the day for defendant

In Postlewait v. City of Wheeling, the West Virginia Supreme Court confirmed that legal holidays designated in W.Va. Code § 2-2-1 are "legal holidays" under Rule 6(a) of the West Virginia Rules of Civil Procedure, including "Lincoln's Day." Therefore, they are excluded in calculating deadlines of fewer than 11 days:
The question we must therefore resolve is, does the term "legal holiday" in Rule 6(a) of the Rules of Civil Procedure include "Lincoln's Day" (the Friday after Thanksgiving Day) or any other legal holiday designated by the Legislature in W.Va. Code, 2-2-1? We hold that it does.
In this case, the 18 calendar days between the November 19, 2010, judgment order and the December 7, 2010 motion for a new trial were only ten "Rule 6" days due to all of the weekends and holidays.  Therefore, the motion for a new trial was timely filed.