Asked in Civil Litigation and Civil Rights for California

Q: If a party serves a notice of ruling minutes before midnight via email, will a few minutes be construed as a day count?

In an unlimited civil matter in California, the notice of ruling was emailed only minutes before midnight when the defendant was asleep and didn't get it until the next morning. Is that reasonably acceptable to count that few minutes as one day when counting calendar days for a deadline to appeal?

Should a person wake up and keep checking his inbox for a possible e-filing email every midnight and then what reaction is possible in the remaining few minutes of that day?

Will the court consider this unreasonable to only look at the date of the time stamp and not the actual time when counting calendar days for -for example- a notice of appeal deadline?

1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: Notice given after normal working day hours will not be effective until the next day. But take no chances when calendaring response due dates. Even if you were given notice electronically, such as by email, you ordinarily have an extra two days added to the time you are supposed to take action based on the notice you were given.

My advice is to get a lawyer to advise you after you provide all the facts and documents relating to your matter. Do that immediately so that the attorney has sufficient time to take action to protect your interests.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.