Legal Time Computations
Time, time, time. Common phrases such as, "I have to be on time" or, "Timing is everything", assume special meaning within the law. I imagine that before we could keep accurate time, there was much uncertainty about prospective agreements, which contemplate things to be done in the future. You can imagine the farmer agreeing to bring in his grain to sell at the end of the "next moon".
Understanding the role of timing in legal situations can be critical. Not every provision in a legal agreement is critical to fulfilling you obligations under a contract, but oftentimes, it is. For example, in a rental lease agreement, the time that the rent payment is due is always going to agreed upon, frequently stated as the "first of the month". But, what happens if the rent is late?
Many rental agreements include provisions for late rent, which subject the renter to a late fee, interest and even eviction, the legal process by which a landlord can retake the leased property. Generally, however a landlord cannot initiate an eviction without posting a three-day notice giving the tenant a chance to "cure" the late payment, excusing the lateness by law for a few days.
However, one reason why time is a critical feature is that in most legal contracts it is understood that "time is money", which could also be stated as, "time and money is more money", because when a person has money they have the ability to earn interest.
Law makers often make laws related to time, which at first may just seem confusing, and at second glance appear downright unnecessary. But, given the need to define common issues arising in law, these rules are intended to give people more certainty about where a common legal understanding is necessary.
Take for example mere counting. You know 1, 2, 3, 4... It figures that counting days should be as simple as that. However, the most common thing that people face in courtroom proceedings is deadlines. So, for example if your legal document is due for filing at the courthouse in "5 days" but, the 5th day deadline is on a Saturday, Sunday or holiday, when no court clerk is there, the court excuses you from filing until the next "business" day.
Federal Courts used not to include weekends and holidays in counting deadlines. However, that law recently changed and those dates are now included, even though a due date is extended to the following business day.
Counting that you thought you knew by the first grade, indeed becomes more complicated. Just ask a lawyer...you can count on it.
Bruce Brown is a lawyer for twenty-four years practicing in Idaho Springs. He can be reached at info@brucebrownlaw.com.
Bruce Brown, Attorney
Post Office Box 3366 ~ 1630 Miner Street ~ Idaho Springs, CO 80452
Tel. (970) 722-7778 or (303) 567-0111 ~ Toll free (866) 999-9529 ~ FAX (303) 567-9306 - Sitemap
Email: info@brucebrownlaw.com
