§ 25-2221 — Time; how computed; offices may be closed, when; federal holiday schedule observed; exceptions

Nebraska § 25-2221

• Jurisdiction: Nebraska
• Ch. 25: Courts; Civil Procedure

Text

Except as may be otherwise more specifically provided, the period of time within which an act is to be done in any action or proceeding shall be computed by excluding the day of the act, event, or default after which the designated period of time begins to run. The last day of the period so computed shall be included unless it is a Saturday, a Sunday, or a day during which the offices of courts of record may be legally closed as provided in this section, in which event the period shall run until the end of the next day on which the office will be open.
All courts and their offices may be closed on Saturdays, Sundays, days on which a specifically designated court is closed by order of the Chief Justice of the Supreme Court, and these holidays: New Year's Day, January 1; Birthday of Martin Luther King, Jr., the third Monday in January; President's Day, the third Monday in February; Arbor Day, the last Friday in April; Memorial Day, the last Monday in May; Juneteenth National Independence Day, June 19; Independence Day, July 4; Labor Day, the first Monday in September; Indigenous Peoples' Day and Columbus Day, the second Monday in October; Veterans Day, November 11; Thanksgiving Day, the fourth Thursday in November; the day after Thanksgiving; Christmas Day, December 25; and all days declared by law or proclamation of the Governor to be holidays. Such days shall be designated as nonjudicial days. If any such holiday falls on Sunday, the following Monday shall be a holiday. If any such holiday falls on Saturday, the preceding Friday shall be a holiday. Court services shall be available on all other days. If the date designated by the state for observance of any legal holiday pursuant to this section, except Veterans Day, is different from the date of observance of such holiday pursuant to a federal holiday schedule, the federal holiday schedule shall be observed.

Legislative History

Source: R.S.1867, Code § 895, p. 549; R.S.1913, § 8570; C.S.1922, § 9521; C.S.1929, § 20-2222; R.S.1943, § 25-2221; Laws 1959, c. 108, § 1, p. 437; Laws 1967, c. 151, § 1, p. 448; Laws 1969, c. 844, § 1, p. 3179; Laws 1973, LB 34, § 1; Laws 1975, LB 218, § 1; Laws 1978, LB 855, § 1; Laws 1988, LB 821, § 1; Laws 1988, LB 909, § 1; Laws 2002, LB 876, § 55; Laws 2003, LB 760, § 6; Laws 2011, LB669, § 17; Laws 2020, LB848, § 2; Laws 2022, LB29, § 1. Annotations: 1. Scope 2. Miscellaneous 1. Scope In the absence of a more specific rule, this section's rule for computing time applies in calculating whether an action is barred by the statute of limitations. Schuemann v. Timperley, 314 Neb. 298, 989 N.W.2d 921 (2023). In the absence of a specific imperative to the contrary, this section applies to administrative rules and regulations. Strode v. Saunders Cty. Bd. of Equal., 283 Neb. 802, 815 N.W.2d 856 (2012). The application of this section is not limited to proceedings in a court, and this section applies to matters of practice which are not necessarily enunciated in statutes. Strode v. Saunders Cty. Bd. of Equal., 283 Neb. 802, 815 N.W.2d 856 (2012). This section establishes a uniform rule applicable alike to the construction of statutes and to matters of practice, which the Nebraska Supreme Court has regularly applied in computing time periods specified in other statutes. Geddes v. York County, 273 Neb. 271, 729 N.W.2d 661 (2007). This section controls the method of computing the statutory filing deadline imposed by section 32-707.01. State ex rel. Wieland v. Beermann, 246 Neb. 808, 523 N.W.2d 518 (1994). When a statute requires an act to be done a certain number of days before a known event, the fact that the last day for the action to be done in order to give the appropriate number of days falls on a Saturday, Sunday, or legal holiday postpones the time for performance to the next following business day. State v. Tasich, 242 Neb. 870, 496 N.W.2d 538 (1993). When the period within which an act is to be done in any action or proceeding is given in terms of months or years, the last day of the period is the appropriate anniversary of the triggering act or event, unless that anniversary falls on a Saturday, Sunday, or court holiday. Licht v. Association Servs., Inc., 236 Neb. 616, 463 N.W.2d 566 (1990). Defendant was afforded an extra day to file his appeal because one month from the overruling of his motion for a new trial was a Sunday. State v. Bridger, 223 Neb. 250, 388 N.W.2d 831 (1986). Excluding September 5, 1969, the last day on which work was done, the last day of the four-year period of limitations was September 5, 1973. George P. Rose Sodding & Grading Co. v. Dennis, 195 Neb. 221, 237 N.W.2d 418 (1976). Due to intervening weekend and holiday, transcript on appeal was timely filed. Knoefler Honey Farms v. County of Sherman, 193 Neb. 95, 225 N.W.2d 855 (1975). This section does not require courts to be closed on Saturday. Rhodes v. Crites, 173 Neb. 501, 113 N.W.2d 611 (1962). All courts may be open for business on Saturdays, Sundays, and holidays in the discretion of the court. Rhodes v. Star Herald Printing Co., 173 Neb. 496, 113 N.W.2d 658 (1962). This section establishes a uniform rule applicable alike to the construction of statutes and matters of practice. State ex rel. Smith v. Nebraska Liquor Control Commission, 152 Neb. 676, 42 N.W.2d 297 (1950). Where a statute provides that it shall take effect from and after its passage and approval, the day of its passage is excluded in computing the time it goes into effect. Wilson & Co. v. County of Otoe, 140 Neb. 518, 300 N.W. 415 (1941). In determining the time within which an appeal can be taken, the last day should be included even though it is a holiday for the purposes of the Negotiable Instruments Act. Taylor Dairy Products Company v. Owen, 139 Neb. 603, 298 N.W. 332 (1941). This section is general in application and does not control where there is special provision directing method of computing time. Garrett v. State, 118 Neb. 373, 224 N.W. 860 (1929). When the last day of the two-year period to redeem land sold at tax sale falls on Sunday, the owner's right of redemption exists during all of the next day. Counselman v. Samuels, 93 Neb. 168, 139 N.W. 862 (1913). In filing motion for new trial where last day is a holiday, it is included. Tully v. Grand Island Tel. Co., 87 Neb. 822, 128 N.W. 508 (1910). Special provision for entering judgment by justice of peace as to computation of time was not controlled by this section. Calland v. Wagner, 86 Neb. 755, 126 N.W. 375 (1910). Section controls on computation of time, although period be days, months or years. When last day falls on Sunday, it is excluded. Johnston v. New Omaha Thomson-Houston Electric Light Co., 86 Neb. 165, 125 N.W. 153 (1910). If the last day of the time within which an appeal bond must be given falls on Sunday, bond may be given on Monday. Deere, Wells & Co. v. Hodges, 59 Neb. 288, 80 N.W. 897 (1899). Section applies to construction of statutes, as well as practice. McGinn v. State, 46 Neb. 427, 65 N.W. 46 (1895). On summons in justice court, service three days before trial, including day of service, is sufficient. White v. German Ins. Co., 15 Neb. 660, 20 N.W. 30 (1884). On appeal from justice court, where tenth day falls on Sunday, bond filed on Monday is proper. Monell & Lashley v. Terwilliger, 8 Neb. 360, 1 N.W. 246 (1879). In computing time from a designated date, first day should be excluded and last day of period included. In re Schmidt, 54 F.Supp. 262 (D. Neb. 1944). 2. Miscellaneous In conjunction with this section and subsection (13) of section 49-801, a political subdivision has until the end of the last day of the 6-month period after a claimant has filed a tort claim upon which to make a final disposition of such claim. Geddes v. York County, 273 Neb. 271, 729 N.W.2d 661 (2007). When the 10th day after a judgment is a Saturday or Sunday, a motion for new trial is timely filed on the following Monday. Wanha v. Long, 255 Neb. 849, 587 N.W.2d 531 (1998). Uniform rule is established applicable alike to construction of statutes and matters of practice. Ruan Transport Corp. v. Peake, Inc., 163 Neb. 319, 79 N.W.2d 575 (1956). Applied to computation of time for filing motion for new trial. Harsche v. Czyz, 157 Neb. 699, 61 N.W.2d 265 (1953). Where notice is required to be published "for at least one week," publication September 3, in weekly paper, of notice of meeting on eleventh, is sufficient, although paper was published also on tenth. Bancroft Drainage Dist. v. Chicago, St. P., M. & O. Ry. Co., 102 Neb. 455, 167 N.W. 731 (1918). Section applied; requirement of two weeks' publication of application for liquor license was not met. Pelton v. Drummond, 21 Neb. 492, 32 N.W. 593 (1887).