CHAPTER 2. COMMON LAW, STATUTES, LEGAL HOLIDAYS, DEFINITIONS AND LEGAL CAPACITY.

ARTICLE 2. LEGAL HOLIDAYS; SPECIAL MEMORIAL DAYS; CONSTRUCTION OF STATUTES; DEFINITIONS.

§2-2-2. When acts to be done fall on Saturday, Sunday, legal holiday, weather or other emergency day, or day of local significance; adjournments from day to day.

(a) When a proceeding is directed to take place or any act to be done on any particular day of the month or within any period of time prescribed or allowed, including those provided by §55-2-1 et seq. of this code, if that day or the last day falls on a Saturday, Sunday, legal holiday, weather or other emergency day, or day of local significance, the next day that is not a Saturday, Sunday, legal holiday, weather or other emergency day, or day of local significance shall be deemed to be the one intended; and when the day upon which a term of court is directed by law to commence falls on a Saturday, Sunday, legal holiday, weather or other emergency day, or day of local significance, the following day that is not a Saturday, Sunday, legal holiday, weather or other emergency day, or day of local significance shall be deemed to be the day intended. When an adjournment is authorized from day to day, an adjournment from Friday to Monday will be legal.

(b)(1) For purposes of this section, "weather or other emergency day" means a day designated for a county in accordance with the provisions of subdivision (2) of this subsection as a day upon which weather or other emergency conditions in that county prevent the general transaction of court business in that county.

(2) A weather or other emergency day is designated by order of the chief justice of the Supreme Court of Appeals or by order of the chief judge of the circuit court of the county in which the proceeding is directed to take place or in which the act is to be done.

(c)(1) For the purposes of this section, "day of local significance" means a date on which a locally observed special occasion, such as a fair, festival, parade, or celebration, makes the general transaction of court business in that county impractical.

(2) A day of local significance must be designated by a proclamation of the county commission and corresponding order of the chief judge of the circuit court in which the county is located, both issued more than 90 days prior to the designated date: Provided, That within one business day following issuance, the proclamation shall be transmitted by the county commission and the order shall be transmitted by the court to the administrative office of the Supreme Court of Appeals for notice and publication.

§2-2-2. When acts to be done fall on Saturday, Sunday, legal holiday, weather or other emergency day, or day of local significance; adjournments from day to day.

Bill History For §2-2-2