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If you have 30 days to file an appeal. Do they count the weekends or just calendar work days?

Spanaway, WA |

When I was working on an appeal I counted only the working days not the weekends because somewhere I saw something that stated you can submit a appeal in 30 days excluding weekends since they dont work on weekends. So, will my filing be late?

Attorney Answers 1

Posted

30 days to file an appeal includes the weekends and holidays. In other words, if the decision you wish to appeal was entered April 15, then your Notice of Appeal has to be filed on or before May 15, unless May 15 falls on a weekend or a holiday, in which case you have to file it the next working day.

The 30-day deadline to file an appeal is one of the very few completely immutable deadlines in Washington law. You can review the Civil Rules at http://www.courts.wa.gov under "Court Rules"; CR 6 talks about deadlines for Superior Court, and it says that if you are working on a matter requiring a response/filing within 10 days, then you don't count the weekends or the holidays, but the Rules for Appellate Matters are different.

I know this is not what you wanted to hear, but there it is. Elizabeth Powell

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Awesome good answer. Thanks