Seriously, it’s the most often repeated question I see asked again & again & again & again….on lawyer listserves. Some version of the following:
QUESTION: What do I do if a court filing deadline falls on a holiday/weekend??
ANSWER: Look at the Statute on Statutes (5 ILCS 70/1.11) and read this 2nd District case, Bertell v. Rockford Memorial Hospital.
The statute reads:
(5 ILCS 70/1.11) (from Ch. 1, par. 1012)
Sec. 1.11. The time within which any act provided by law is to be done shall be computed by excluding the first day and including the last, unless the last day is Saturday or Sunday or is a holiday as defined or fixed in any statute now or hereafter in force in this State, and then it shall also be excluded. If the day succeeding such Saturday, Sunday or holiday is also a holiday or a Saturday or Sunday then such succeeding day shall also be excluded.
So in your typical situations if there’s a filing deadline that falls on a Saturday, your filing would be timely if made on the following Monday. But what if Monday is a “legal holiday” pursuant to the State Commemorative Dates Act (5 ILCS 490/60) and yet it’s not a “court holiday” in the relevant circuit court where the case is pending? Well, that’s why you as a lawyer need to keep updated on reading appellate cases like Bertell (or you plan ahead a tad more and don’t wait until the last day for filing).
In the case the Plaintiff alleged that Defendant had improperly detained him and that Defendant had failed to file a timely petition for involuntary commitment. Defendant had to file its petition within 24 hours of detaining the Plaintiff. Plaintiff was initially detained over a weekend so the weekend days were clearly exempt in terms of the 24 hour deadline. Defendant eventually filed the petition for involuntary commitment on Tuesday. The “strangeness” of Monday’s holiday was the cause of this case.
Monday was Lincoln’s birthday and a legal holiday according to the State Commemorative Dates Act but the 17th Judicial Circuit Court was open for business. Well, both the trial and appellate courts held for the Defendants that even though the court was open since Lincoln’s Birthday is designated a legal holiday, Defendant’s petition was timely.
Good piece on the above from Illinois Lawyer NOW.
