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Monday, January 17, 2011

Ind. Courts - Order to clarify the operation of Appellate Rules 25(B) and 25(C) as they relate to determining the due date of a Rule 34(D) motion

The Supreme Court filed this 2-page order Jan. 14, 2010,in In re the Marriage of Bir. The relevant paragraph:

Per Appellant’s counsel’s suggestion, we publish this order to clarify the operation of Appellate Rules 25(B) and 25(C) as they relate to determining the due date of a Rule 34(D) motion. Specifically, when a response to a motion is served by mail, three calendar days are immediately added to the service date per Appellate Rule 25(C) (“. . . the time period for filing any response or reply to the document shall be extended automatically for an additional three (3) days from the date of deposit in the mail or with the carrier”). The five non-business days expressed in Rule 34(D) are then counted from that third calendar day if it is a business day, or are counted from the next business day if the third day of the “additional three days” falls on a non-business day,” see App. R. 25(B) (“When the time allowed is less than seven (7) days, all non-business days shall be excluded from the computation.”).

Posted by Marcia Oddi on January 17, 2011 03:27 PM
Posted to Ind. Sup.Ct. Decisions