In California superior court, probate division. In the minute order of the case, during a 664.6 motion to enforce a stipulation fully agreed upon, the court gave a timeline of 9 court days prior to file an objection. On that ninth day, the court closed and there was no objections filed. Later that evening a notification from free filing was received stating an objection was filed after 8pm local time. Would that be considered a timely filing since it is the same calendar day or since it was filed after the close of the court day, be considered on the 8th day prior to the hearing?
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Absent some other agreed definition, a day ends at midnight local time
- A day is the period of time between any midnight and the midnight following.
You could have agreed that the time period would end at close of business on the 9th day. But you didn’t, so it ends at midnight on that day.
Dale M
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It should be considered to have been filed on the same calendar day. It was filed within the number of days given.
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