So as I usually do with everything I am not good at, I start chewing at it until is mush. What this means is a new blog entry. Again, feel free to chime in if you see any errors or want to add stuff.
Common errors in calendaring that can lead to malpractice:
1) Using an old rule to calculate dates.
2) Failing to add or remove days based on service method.
3) Counting court days instead of calendar days and viceversa.
4) Simple omission of important statutory dates or miscalculation.
There are some overall precautions to take regardless of the issue:
1) Always be aware of *current* calendar rules.
2) The calendar rules are spelled out in several different Codes.
3) Always account for every date, even if it seems irrelevant. Like when you received a letter, an email, a document...everything must have a date attached to it. Do no procrastinate on that.
4) Calendaring calculators are great but a paralegal must know how to calculate the dates without them.
5) A paralegal must be able t clearly discern what are the "trigger "events. These are the documents and dates that generate a set of dates that need to be tracked once they materialize.
Where are these rules?
By "these rules" we mean the rules defined by statute. Many calendar dates are your own., self-imposed or variable. The dates we are concerned about here are the ones in the "books"
As mentioned above, they are dispersed in many places. Many of the dates you seek will depend on what type of law you practice. A good place to look is the Code of Civil Procedure, duh. But there are others. The California Rules of Court, The Evidence Code, The California Government Code and the Local Court Rules could come in handy.
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| Do not be late. It could lead to malpractice. |
Example 1) We want to know about dates related to the filing of motions. One place we can look for these is the California Rules of Court Title 3. Civil Rules. Rule 3.1300 specifies the following: "Unless otherwise ordered or specifically provided by law, all moving and supporting papers must be served and filed in accordance with Code of Civil Procedure section 1005." Ah, so it is referring us to the C.C.P. Under Section 1005, subdivision (b) we read that all motion papers should be files at least 16 court days before the hearing. If the notice is served by mail within California we can increase that period by 5 calendar days. Opposition to the motion must be filed within 9 court days and reply papers require 5 court days.
It is so easy to miss the "court" and "calendar" distinction in those dates!
So what's the difference between a court day and a calendar day?
A calendar day is exactly that, a rotation of the earth. Holidays, Weekends, the day your cat dies...all calendar days.
A court day is a day when the court is open. So Saturdays and Sundays are not court days. Neither are statewide holidays.
What is a trigger event?
A "trigger" event is an occurrence that starts the timer so to speak. Any action or inaction in response to it is now considered a legally time sensitive mater. It could be anything from filing a complaint to being served with a document. A skillful paralegal should be able to identify what kind of deadlines a trigger event unleashes. This sounds kind of difficult actually. There is software that can help but the more acquainted you are with procedural law, the better.
Example: You are served with a summons. That event "triggers" the thirty days you have to respond. You file a motion, your opposing counsel has 9 days before trial to oppose it. I know, lame. Can someone give me other better examples?
So how do you count?
* Exclude the day of the triggering event.
* Count every day after that including the last day.
* For court days, if the last day falls on a Saturday, Sunday or court Holiday, count to the next court day.
Counting backwards and forward.
It is useful to count backwards when the dates you are calculating are calculated around an important future event. In this case the "trigger" is in the future and is usually the trial date. So if the rule states that you need to stop discovery (cut-offf) 30 days before trial, you cout backwards from the trial date to find out your deadline to finish discovery.
It is useful to count froward when you have "x days" to do something after the trigger event. If you receive a subpoena, you can object within 14 days of receiving the proof of service. You start counting the day after the proof of service and you count froward.
I hope in my next entry to find good examples of actual calculations. Feel free to send me or point me to some.
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