Legal Question in Appeals and Writs in Kentucky
Greetings:
I want to appeal a civil court judgment pro se. The Notice of Appeal is due not later than 30 days after the date of the "final and appealable order" of the Kentucky Circuit Court. I have that. The date of the final and appealable order is June 9 (nineth), 2011. That's what the order clearly states on it--June 9, 2011.
If Notice of Appeal is due 30 days after June 9, 2011, then is that JULY 9, 2011? --Because July 9, 2011 is a Saturday this year. Would this mean that I have to file Notice of Appeal not later than Friday, July 8 (eighth), 2011? Or would I perhaps have until Monday, July 11 (eleventh), 2011?
Don't know how to count these "days". Please help.
Many thanks,
Marlene Uhlautt
Cherokee Hills
Louisville, KY
1 Answer from Attorneys
You have thirty from after the date a final and appealable Order is entered by the Court. There are rules that permit paperwork that is due on a Saturday, Sunday or holiday to be filed the following work day, however, I always file my notice of appeal before those dates if my "due date" falls on a Saturday, Sunday or holiday. I would not wait until Monday to file the notice of appeal, I would file the notice on Friday as it is better to be safe.
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