February 11, 2014

Supreme Court holds another Tuesday conference

As California Supreme Court watchers know, the Court typically holds its weekly conferences on Wednesdays.  However, this week, for the second time this year, the Court is holding its conference on a Tuesday.  The reason is that, despite the widespread adoption of Presidents’ Day, Lincoln’s birthday, February 12, remains a state holiday.  (Gov. Code, § 6700, subd. (d) [“The holidays in this state are: [¶] . . . February 12th, known as ‘Lincoln Day’ “].)

Note that the rule is different in the federal appellate courts and varies by circuit.  The Second Circuit recognizes Lincoln’s birthday, but the Seventh, which encompasses Lincoln’s home state and final resting place, does not.  The Ninth Circuit does not recognize the holiday, but if your Ninth Circuit brief is due on the 12th, you could file it the next day and have it deemed timely filed.  (Fed.R.App.P. 26(a)(6)(C) [conferring an extension of time whenever a deadline falls on a “day declared a holiday by the state where either of the following is located: the district court that rendered the challenged judgment or order, or the circuit clerk’s principal office”].)  (Thanks and kudos to Horvitz & Levy partner Peder Batalden for this foray into the federal arena.)

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