Time within which any act is provided by law to be done must be computed by excluding the first day and including the last. However, if the last day is Sunday, or a legal holiday as defined in Section 1-3-8, or a day on which the office in which the act must be done shall close as permitted by any law of this state, the last day also must be excluded, and the next succeeding secular or working day shall be counted as the last day within which the act may be done. In designating the hours of the day, the time used shall be that of the ninetieth degree of longitude west of Greenwich, otherwise known as central standard time; provided, that whenever daylight saving time shall be in effect within the state, the time used shall be that known as central daylight time.
(Code 1852, §11; Code 1867, §11; Code 1876, §11; Code 1886, §11; Code 1896, §11; Code 1907, §11; Code 1923, §13; Code 1940, T. 1, §12; Acts 1953, No. 668, p. 926.)
Notes of Decisions
Cited in
28
cases (
7 in the last 5 years), 1986–2025 · leading case:
Floyd v. Abercrombie, 816 So. 2d 1051 (Ala. Civ. App. 2001).
Floyd v. Abercrombie, 816 So. 2d 1051 (Ala. Civ. App. 2001).
· cites it 6× “I believe the mother is correct: she was entitled, pursuant to Ala. Code 1975, § 1-1-4, and Rule 6(a), Ala.”
Young v. Michael Dwain Mfg., Inc., 504 So. 2d 287 (Ala. Civ. App. 1986).
· cites it 15× “The employee contends that his Monday filing was permitted by Ala.Code (1975), § 1-1-4. Section 1-1-4 provides in pertinent part: “Time within which any act is provided by law to be done must be computed by excluding the first day and including the last.”
Arlington Props., Inc. v. Brown, 83 So. 3d 503 (Ala. Civ. App. 2010).
· cites it 10× “Actually, the question in Taylor concerned whether the provisions of Rule 6 and Ala.Code 1975, § 1-1-4, extended the time for taking an appeal from an adverse unemployment-compensation decision.”
Randolph v. Tennessee Valley Auth., 792 F. Supp. 1221 (N.D. Ala. 1992).
· cites it 3× “Both Rule 6(a) and Ala.Code § 1-1-4 (1975) provide that the time for computing a limitations period shall exclude the first day within which the filing may be accomplished and include the last.”
Jefferson Cnty. Sheriff's Dep't v. Daniels, 13 So. 3d 993 (Ala. Civ. App. 2009).
· cites it 2× “Accordingly, in the present case, the Board was required to act upon the hearing officer’s report by Monday, September 18, 2006, because the 30th day following August 18, 2006, was September 17, 2006, a Sunday, see § 1-1-4, Ala.Code 1975, 1 or to have “Rule 12.”
Bekken v. Greystone Residential Ass'n, 227 So. 3d 1201 (Ala. Civ. App. 2017).
“” See § 1-1-4, Ala. Code 1975 (providing for the exclusion of the last day from the computation of time required by law if that day is a legal holiday).”
Charter HR, Inc. v. Alabama Dep't of Labor, 214 So. 3d 356 (Ala. Civ. App. 2015).
· cites it 2× “2011) (“Alabama courts previously have held that filing deadlines provided by statute are to be read in pari materia with § 1-1-4, Ala.Code 1975.”). In Allen v. Johnny Baker Hauling, Inc.”
Ex parte John H. Jones, M.D. PETITION FOR WRIT OF MANDAMUS: CIVIL (In re: Tracey Grant, as Pers. Rep. of the Est. of Aaron McKenzie v. The Jackson Cnty. Health Care Auth. d/b/a Highlands Med. Ctr.; John C. Lucke, M.D.; Paul Avenel, M.D.; John H. Jones, M.D.; & Judy B. Haymon Homes, Inc.) (Jackson Circuit Court: CV-23-900034). (Ala. 2024).
· cites it 16× “In discussing a case involving the statute of limitations applicable to negligence actions, Justice Cook noted that, in that case, there was "no reference to the ostensibly controlling § 1-1-4 Code of Alabama (1975)[,] which also provides for a similar exclusion of the day of…”
Thompson v. City of Florence, 554 So. 2d 435 (Ala. 1989).
“” After holding that Taylor had timely filed her notice of appeal with the circuit court (under Code 1975, § 1-1-4, and Rule 6(a), A.R.Civ.P.), the Court of Civil Appeals addressed the issue of whether Taylor met all statutory jurisdictional requirements by submitting copies of…”
Greer v. State, 527 So. 2d 788 (Ala. Crim. App. 1988).
“Section 1-1-4, Code of Alabama 1975 states: “Time within which any act is provided by law to be done must be computed by excluding the first day and including the last.”
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