Computation of Time Periods. ICR 45.
@Nila Aella
Thank you so much for your posts (along w the rest of this case's 'Motions Posse' posters) w links to the gazillions of motions, responses, & rulings, etc. At last, a chance for me to provide a teensy bit of info for you, posse, & others.
ID Crim Rule re computing time,* from my reading, do not refer to weekends, calendar, or business days, but may require knowledge of -
--- "COURTS — DAYS WHEN HELD" (sec. 1-1606)**
--- "NONJUDICIAL DAYS" (sec. 1-1607)***
--- ID's HOLIDAYS (enumerated in sec. 73-108).****
Here we go, per ICR 45:
First see if a local rule, or court order, or statute specifies
a method of computing time.
--- If so, use that method.
--- If not, use this from ICR 45, re Computing & Extending Time*
"(1) exclude the day of the event that triggers the period;
"(2) count every day, including intermediate Saturdays, Sundays and non-judicial days as defined in Idaho Code § 1-1607; and
"(3) include the last day of the period, but if the last day is a Saturday, Sunday, or non-judicial day, the period continues to run until the next day that is not a Saturday, Sunday or non-judicial day...."*
Someone who has a calendar handy (and does not have a raging headache ATM
), may check to see if the provision re prosecutor's DP-decision specifies a method of calculating, and if section does not specify, may provide us an answer based on ICR 45.
Hope this helps.
As always, welcoming correction or clarification or other interp's of ICR.
___________________________
* "Idaho Criminal Rule 45. Computing and Extending Time
(a) Computation of Time Periods. In computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time:
(1) exclude the day of the event that triggers the period;
(2) count every day, including intermediate Saturdays, Sundays and non-judicial days as defined in Idaho Code § 1-1607; and
(3) include the last day of the period, but if the last day is a Saturday, Sunday, or non-judicial day, the period continues to run until the next day that is not a Saturday, Sunday or non-judicial day...."*
****
I.C.R. 45. Computing and Extending Time | Supreme Court
** "TITLE 1
"COURTS AND COURT OFFICIALS
"CHAPTER 16
"MISCELLANEOUS PROVISIONS
"1-1606. COURTS — DAYS WHEN HELD. The courts of justice may be held and judicial business be transacted on any day except as provided in the next section."
legislature.idaho.gov
*** "TITLE 1
"COURTS AND COURT OFFICIALS
"CHAPTER 16
"MISCELLANEOUS PROVISIONS
"1-1607. NONJUDICIAL DAYS. No court can be opened nor can any judicial business be transacted on any day enumerated in section 73-108, Idaho Code, or on every day appointed by the President of the United States, or by the governor of this state, for a public fast, thanksgiving, or holiday, or on a day on which the general election is held, except for the following purposes:
1. To give, upon their request, instructions to a jury when deliberating on their verdict.
2. To receive a verdict or discharge a jury.
3. For the exercise of the powers of a magistrate in a criminal action or in a proceeding of a criminal nature: provided, that in civil causes orders of arrest may be made and executed; writs of attachment, executions, injunctions and writs of prohibition may be issued and served; proceedings to recover possession of personal property may be had; and suits for the purpose of obtaining any such writs and proceedings may be instituted on any day."
legislature.idaho.gov
**** "TITLE 73
"GENERAL CODE PROVISIONS
"CHAPTER 1
"CONSTRUCTION OF STATUTES
"73-108. HOLIDAYS ENUMERATED. Holidays, within the meaning of these compiled laws, are:
Every Sunday;
January 1 (New Year’s Day);
Third Monday in January (Martin Luther King, Jr.-Idaho Human Rights Day);
Third Monday in February (Washington’s Birthday);
Last Monday in May (Memorial Day);
July 4 (Independence Day);
First Monday in September (Labor Day);
Second Monday in October (Columbus Day);
November 11 (Veterans Day);
Fourth Thursday in November (Thanksgiving Day);
December 25 (Christmas);
Every day appointed by the President of the United States, or by the governor of this state, for a public fast, thanksgiving, or holiday.
Any legal holiday that falls on Saturday, the preceding Friday shall be a holiday and any legal holiday enumerated herein other than Sunday that falls on Sunday, the following Monday shall be a holiday."
legislature.idaho.gov
