Idaho Code

Idaho Code § 73-109 (2026)

Computation of time. 

✓ current as of May 2026
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Computation of time. 

The time in which any act provided by law is to be done is computed by excluding the first day, and including the last unless the last is a holiday and then it is also excluded.

Notes of Decisions
Cited in 11 cases, 1953–2017 · leading case: Saint Alphonsus Reg'l Med. Ctr. v. Gooding Cnty., 356 P.3d 377 (Idaho 2015).
Saint Alphonsus Reg'l Med. Ctr. v. Gooding Cnty., 356 P.3d 377 (Idaho 2015). · cites it 17× “2d 1387, 1388 (1986) (citing I.C. § 73-109; I.R.C.P. 6(a)). Indeed, Idaho Code section 73-109 specifically addresses how to compute deadlines for acts contemplated by statute.”
Christina J. Greenfield v. Ian D. Smith, 395 P.3d 1279 (Idaho 2017). · cites it 4× “I.C. § 73-109. The term “holiday” as used in this provision includes every Sunday.”
State v. Schaffer, 739 P.2d 323 (Idaho 1987). · cites it 4× “I.C. § 73-109; I.R.C.P. 6(a). Thus, in this case, the time began to run on October 26, 1983.”
McCabe v. Craven, 188 P.3d 896 (Idaho 2008). · cites it 2× “However, Idaho Code § 73-109 states that time is computed as follows: “The time in which any act provided by law is to be done is computed by excluding the first day, and including the last unless the last is a holiday and then it *958 is also excluded.”
Page v. McCain Foods, Inc., 179 P.3d 265 (Idaho 2008). · cites it 2× “§ 72-718 is controlled by I.C. § 73-109 which provides that “[t]he time in which any act provided by law is to be done is computed by excluding the first day, and including the last unless the last is a holiday and then it is also excluded.”
Herrmann v. State, Idaho Transp. Dep't, 403 P.3d 318 (Idaho Ct. App. 2017). · cites it 6× “Idaho Code § 73-109 provides, “The time in which any act provided by law is to be done is computed by excluding the first day, and including the last unless the last is a holiday and then it is also excluded.”
Cather v. Kelso, 652 P.2d 188 (Idaho 1982). · cites it 2× “” That statute is the present law in the state today. It is well recognized and subject to judicial notice that the county offices in this state are closed all day Saturday for the transaction of business.”
Young v. Idaho Dep't of Law Enf't, 853 P.2d 615 (Idaho Ct. App. 1993). · cites it 2× “I.C. § 73-109. Relevant to this case, a “holiday” is defined to include every Sunday and the second Monday in October (Columbus Day).”
Harris v. Beco Corp., 713 P.2d 1387 (Idaho 1986). “*30 § 73-109; I.R.C.P. 6(a). Application of this rule here indicates that Beco received the seven days’ notice required under Idaho Department of Employment Rule 06.”
Huggins v. Green Top Dairy Farms, Inc., 260 P.2d 407 (Idaho 1953). “They urge that the appeal from the decree was not taken within ninety days as required by statute, § 13-201, I.”
State v. Goodgion, 232 P.3d 338 (Idaho Ct. App. 2010). · cites it 4× “Interestingly, I.C. § 73-109 provides: “The time in which any act provided by law is to be done is computed *19 by excluding the first day, and including the last unless the last is a holiday and then it is also excluded.”
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