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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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    What are the close votes for? This is a legal process question. It is clear and concise, and doesn't ask for advice. Commented May 1 at 17:05
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    It is acting about applying the law to their particular situation. It is the epitome of legal advice.
    – ohwilleke
    Commented May 1 at 19:19

2 Answers 2

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Absent some other agreed definition, a day ends at midnight local time

  1. 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.

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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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    Can you provide some sort of citation to support that? Perhaps a statute or published court rule? Commented May 1 at 19:56
  • There is no specific citation. A timeframe was agreed upon.
    – Mimedfp
    Commented May 1 at 20:01
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    Yes, but the time frame was 9 court days. Is 'court days' a defined term? Commented May 1 at 20:17
  • It is a day that they are open.
    – Mimedfp
    Commented May 1 at 21:05

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