(1) In computing a period of days, the first day is excluded and the last day is included.
(2) If the last day of any period is a Saturday, Sunday, or legal holiday, the period is extended to include the next day which is not a Saturday, Sunday, or legal holiday.
(3) If a number of months is to be computed by counting the months from a particular day, the period ends on the same numerical day in the concluding month as the day of the month from which the computation is begun, unless there are not that many days in the concluding month, in which case the period ends on the last day of that month.
Source: L. 73: R&RE, p. 1423, § 1. C.R.S. 1963: § 135-1-108.
Cross references: For provisions governing publication of legal notices and advertisements and the computation of time therefor, see part 1 of article 70 of title 24; for computation of time under the "Uniform Election Code of 1992", articles 1 to 13 of title 1, see § 1-1-106.
Notes of Decisions
Cited in
25
cases (
3 in the last 5 years), 1977–2026 · leading case:
People v. Fransua, 2016 COA 79 (Colo. Ct. App. 2016).
People v. Fransua, 2016 COA 79 (Colo. Ct. App. 2016).
· cites it 25× “4 Section 135-1-108 was codified at section 2-4-108 in the 1973 codification of the Colorado Revised Statutes and section 16-11-206 was codified at section 18-1.”
v. People, 2019 CO 96 (Colo. 2019).
· cites it 8× “Whether section 2-4-108(1), C.R.S. (2016), which provides that, “in computing periods of days, the first day is excluded and the last day is included,” applies to the calculation of presentence- confinement credit.”
98, People v. West, 2019 COA 131 (Colo. Ct. App. 2019).
· cites it 2× “§ 2-4-108(2), C.R.S. 2018; People v. Hampton, 696 P.”
Rowe v. Tucker, 560 P.2d 843 (Colo. Ct. App. 1977).
· cites it 7× “Tucker v. Claimants in re Death of Gonzales, Colo.”
Golden Aluminum Co. v. Weld Cnty. Bd. of Cnty. Commissioners, 867 P.2d 190 (Colo. Ct. App. 1993).
· cites it 4× “In computing this period, because nothing in § 39-10-114(l)(a)(I)(A) indicates otherwise, the day from which the two-year period begins to run is excluded and the last day of the period so computed is included.”
People v. Bielecki, 588 P.2d 377 (Colo. Ct. App. 1978).
· cites it 3× “Section 2-4-108(2), C.R.S.1973. Defendant also argues that he was entitled to an instruction on the lesser included offense of misdemeanor theft (§ 18-4-401(3), C.”
People v. Hampton, 696 P.2d 765 (Colo. 1985).
· cites it 2× “[8] § 2-4-108, 1B C.R.S. (1980), establishes the following rules for the computation of time: (1) In computing a period of days, the first day is excluded and the last day is included.”
Garcia v. Medved Chevrolet, Inc., 240 P.3d 371 (Colo. Ct. App. 2009).
· cites it 3× “Our conclusion is not altered by section 2-4-108(2), C.R.S.2009, a statute which neither party has cited to us.”
Schumm v. Nelson, 659 P.2d 1389 (Colo. 1983).
· cites it 3× “See section 2-4-108(1), C.R.S.1973 which provides that in computing a statutory period of days, the first day is excluded, and the last day included.”
— Colo. Rev. Stat. § 2-4-108(1) — 10 cases
People v. Fransua, 2016 COA 79 (Colo. Ct. App. 2016).
“4 Section 135-1-108 was codified at section 2-4-108 in the 1973 codification of the Colorado Revised Statutes and section 16-11-206 was codified at section 18-1.”
v. People, 2019 CO 96 (Colo. 2019).
“Whether section 2-4-108(1), C.R.S. (2016), which provides that, “in computing periods of days, the first day is excluded and the last day is included,” applies to the calculation of presentence- confinement credit.”
Schumm v. Nelson, 659 P.2d 1389 (Colo. 1983).
“See section 2-4-108(1), C.R.S.1973 which provides that in computing a statutory period of days, the first day is excluded, and the last day included.”
Golden Aluminum Co. v. Weld Cnty. Bd. of Cnty. Commissioners, 867 P.2d 190 (Colo. Ct. App. 1993).
“In computing this period, because nothing in § 39-10-114(l)(a)(I)(A) indicates otherwise, the day from which the two-year period begins to run is excluded and the last day of the period so computed is included.”
— Colo. Rev. Stat. § 2-4-108(2) — 10 cases
98, People v. West, 2019 COA 131 (Colo. Ct. App. 2019).
“§ 2-4-108(2), C.R.S. 2018; People v. Hampton, 696 P.”
v. People, 2019 CO 96 (Colo. 2019).
“Whether section 2-4-108(1), C.R.S. (2016), which provides that, “in computing periods of days, the first day is excluded and the last day is included,” applies to the calculation of presentence- confinement credit.”
Rowe v. Tucker, 560 P.2d 843 (Colo. Ct. App. 1977).
“Tucker v. Claimants in re Death of Gonzales, Colo.”
People v. Bielecki, 588 P.2d 377 (Colo. Ct. App. 1978).
“Section 2-4-108(2), C.R.S.1973. Defendant also argues that he was entitled to an instruction on the lesser included offense of misdemeanor theft (§ 18-4-401(3), C.”
— Colo. Rev. Stat. § 2-4-108(3) — 1 case
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