(1) (a) In computing any period of time prescribed or allowed by order of court, or by
any applicable statute or regulation, the day of the act, event or default after
which the designated period of time begins to run is not to be included. The
last day of the period so computed is to be included, unless it is a Saturday, a
Sunday, a legal holiday, or a day on which the public office in which a
document is required to be filed is actually and legally closed, in which event
the period runs until the end of the next day which is not one (1) of the days
just mentioned. When the period of time prescribed or allowed is less than
seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be
excluded in the computation.
(b) When a statute, regulation, or order of court requires an act to be done either a
certain time before an event or a certain time before the day on which an event
occurs, the day of the event shall be excluded in computing the time. If the
day thereby computed on which or by which the act is required to be done
falls on a Saturday, Sunday, legal holiday, or a day on which the public office
in which the act is required to be completed is actually and legally closed, the
act may be done on the next day which is none of the days just mentioned.
(2) If any proceeding is directed by law to take place, or any act is directed to be done,
on a particular day of a month and that day is Sunday, the proceeding shall take
place, or the act shall be done, on the next day that is not a legal holiday.
Effective: July 13, 1984
History: Amended 1984 Ky. Acts ch. 32, sec. 1, effective July 13, 1984. -- Amended
1970 Ky. Acts ch. 98, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. secs. 453, 454.
Notes of Decisions
Cited in
26
cases (
3 in the last 5 years), 1945–2024 · leading case:
Bradford v. Bracken Cnty., 767 F. Supp. 2d 740 (E.D. Ky. 2011).
Bradford v. Bracken Cnty., 767 F. Supp. 2d 740 (E.D. Ky. 2011).
· cites it 2× “The parties also agree that because May 31, 2010 was Memorial Day, under KRS § 446.030(l)(a), the statute of limitations was extended one day, and expired June 1, 2010.”
Gailor v. Alsabi, 990 S.W.2d 597 (Ky. 1999).
· cites it 2× “As a general rule, a cause of action for personal injuries arising out of an automobile accident must be brought within two years after the date of injury or the last payment of basic reparation benefits.”
Weird v. Emberton, 306 S.W.3d 67 (Ky. 2010).
· cites it 8× “Because KRS 446.030 grants an extension in just such circumstances, we answer in the affirmative.”
Schenley Distillers, Inc. v. Commonwealth Ex Rel. Luckett, 467 S.W.2d 598 (Ky. Ct. App. 1971).
· cites it 2× “However, since Crutchfield appears to be our latest pronouncement on the subject, we believe appellant had a right to rely upon it, and, particularly in view of the fact that this question is not likely to again arise because of the 1970 amendment to KRS 446.030, we rule that…”
Commonwealth Dep't of Highways v. Crutchfield, 365 S.W.2d 102 (Ky. Ct. App. 1963).
· cites it 4× “030 along with Civil Code, § 681 were the controlling statutes. They are cited in order to decide what impact the new rule has had upon that case law and upon the statutory provisions just mentioned.”
Treadway v. Miller, 354 S.W.2d 500 (Ky. Ct. App. 1962).
· cites it 4× “Under KRS 446.030(1) and KRS 86.225, the day of the primary must be excluded in counting the time but the day of filing must be counted as one day and part of the time; and, using this rule, appellee filed forty-five days before the day of the primary election.”
Shackleford v. Barnette, 445 S.W.2d 449 (Ky. Ct. App. 1969).
· cites it 5× “More particularly, whether the computation of the time in which to file the answer is governed by KRS 446.030, as decided by the trial court, or by Rule 6.”
Skinner v. Morrow, 318 S.W.2d 419 (Ky. Ct. App. 1958).
“01, and the other is KRS 446.030. If the former applies here, the action was premature; if the latter applies, it was not.”
Wilkins v. Kentucky Ret. Sys. Bd. of Trs., 276 S.W.3d 812 (Ky. 2009).
· cites it 4× “110, but the courthouse remains open that day, does the petitioner still get the extra day to file under KRS 446.030? We opine that the petitioner receives an extra day to file, even though the courthouse remains open on a legal holiday.”
Sandlick Coal Co. v. Hughes, 239 S.W.2d 258 (Ky. Ct. App. 1951).
“Appellee insists KRS 446.030(2) is applicable. It provides: “If any proceeding is directed by law to take place, or any act is directed to be done, on a particular day of a month and that day is Sunday, the proceeding shall take place, or the act *260 shall be done, on the next…”
— Ky. Rev. Stat. § 446.030(1) — 4 cases
Treadway v. Miller, 354 S.W.2d 500 (Ky. Ct. App. 1962).
“Under KRS 446.030(1) and KRS 86.225, the day of the primary must be excluded in counting the time but the day of filing must be counted as one day and part of the time; and, using this rule, appellee filed forty-five days before the day of the primary election.”
Schenley Distillers, Inc. v. Commonwealth Ex Rel. Luckett, 467 S.W.2d 598 (Ky. Ct. App. 1971).
“However, since Crutchfield appears to be our latest pronouncement on the subject, we believe appellant had a right to rely upon it, and, particularly in view of the fact that this question is not likely to again arise because of the 1970 amendment to KRS 446.030, we rule that…”
— Ky. Rev. Stat. § 446.030(1)(a) — 3 cases
Gailor v. Alsabi, 990 S.W.2d 597 (Ky. 1999).
“As a general rule, a cause of action for personal injuries arising out of an automobile accident must be brought within two years after the date of injury or the last payment of basic reparation benefits.”
— Ky. Rev. Stat. § 446.030(2) — 1 case
Sandlick Coal Co. v. Hughes, 239 S.W.2d 258 (Ky. Ct. App. 1951).
“Appellee insists KRS 446.030(2) is applicable. It provides: “If any proceeding is directed by law to take place, or any act is directed to be done, on a particular day of a month and that day is Sunday, the proceeding shall take place, or the act *260 shall be done, on the next…”
— Ky. Rev. Stat. § 446.030(l)(a) — 6 cases
Bradford v. Bracken Cnty., 767 F. Supp. 2d 740 (E.D. Ky. 2011).
“The parties also agree that because May 31, 2010 was Memorial Day, under KRS § 446.030(l)(a), the statute of limitations was extended one day, and expired June 1, 2010.”
Gailor v. Alsabi, 990 S.W.2d 597 (Ky. 1999).
“As a general rule, a cause of action for personal injuries arising out of an automobile accident must be brought within two years after the date of injury or the last payment of basic reparation benefits.”
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