Mississippi Code

Miss. Code Ann. § 1-3-67 (2026)

How time computed when a number of days is prescribed

✓ current as of July 2026

Find cases: SyfertCases citing this section JustiaMiss. Code CornellLII Search CasesGoogle Scholar

When process shall be required to be served or notice given any number of days, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, a Sunday or a legal holiday, or any other day when the courthouse or the clerk's office is in fact closed, whether with or without legal authority, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, a legal holiday, or any other day when the courthouse or the clerk's office is closed. 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.

Codes, 1857, ch. 66, art. 8; 1871, § 2931; 1880, § 17; 1892, § 1525; 1906, § 1606; Hemingway's 1917, § 1373; 1930, § 1397; 1942, § 705; Laws, 1991, ch. 573, § 1, eff. 7/1/1991.

Notes of Decisions

Cited in 12 cases (2 in the last 5 years), 1975–2024 · leading case: Southside, Inc. v. Mississippi Dep't of Revenue Ex Rel. Morgan, 158 So. 3d 277 (Miss. 2014).

Sort: Relevance Newest Treatment

Southside, Inc. v. Mississippi Dep't of Revenue Ex Rel. Morgan, 158 So. 3d 277 (Miss. 2014). · cites it 6× “Miss.Code Ann. § 1-3-67 (Rev. 2014). 12 .”

Ransom v. State, 435 So. 2d 1169 (Miss. 1983). · cites it 5× “" This interpretation is consistent with Section 1-3-67 Mississippi Code Annotated (1972) which states the rule for computation of time when a number of days is prescribed.”

Harpole v. KCDEC, 908 So. 2d 129 (Miss. 2005). · cites it 4× “Of equal importance in calculating the time as required by statute, Miss.Code Ann. § 1-3-67 reads: When process shall be required to be served or notice given any number of days, the day of the act, event or default from which the designated period of time begins to run shall…”

Broady v. Ms. State Bd. of Architecture, 936 So. 2d 441 (Miss. Ct. App. 2006). · cites it 6× “] Miss.Code Ann. § 1-3-67 (Rev.2005). ¶ 15.”

Martin v. Armstrong, 350 So. 2d 1353 (Miss. 1977). · cites it 2× “The requisite five days' service was accomplished according to time computation formula provided by Mississippi Code Annotated section 1-3-67 (1972), which states: "...”

David L. Archie v. Anthony \Tony\" Smith" (Miss. 2024). · cites it 16× “Miss. Code Ann. § 1-3-67 (Rev. 2019).2 The circuit clerk’s office is required to “be open for business on all business days from 8:00 a.”

Aelicia L. Thomas v. Bolivar Cnty., Mississippi (Miss. 2023). · cites it 15× “Section 1-3-67 contains similar language to Rule 6(a), stating: When process shall be required to be served or notice given any number of days, the day of the act, event or default from which the designated period of time begins to run shall not be included.”

Combs v. Adams, 350 So. 2d 41 (Miss. 1977). · cites it 24× “We affirm and hold that notice of sale was given for the time required by statute when the number of days is computed in accordance with the formula prescribed by Section 1-3-67 Mississippi Code Annotated (1972) which states: When process shall be required to be served or notice…”

Alexander v. Killebrew, 321 So. 2d 488 (Miss. 1975). · cites it 2× “The requisite five days' service was accomplished according to time computation formula provided by Mississippi Code Annotated section 1-3-67 (1972), which states: "...”

Rudd v. State, 999 So. 2d 872 (Miss. Ct. App. 2009). · cites it 2× “Pursuant to Mississippi Code Annotated section 1-3-67 (Rev.2005), the time period ran until the end of the next day which was Monday, July 18, 2005.”

Christopher B. Epps & Catherlean Epps v. Herb Frierson, in his Off. Capacity as the Comm'r of Revenue of the Mississippi Dep't of Revenue (Miss. Ct. App. 2020). · cites it 2× “3d at 280 (¶12), the Mississippi Supreme Court stated that this Section’s sixty-day period begins to run on the “day of the act” pursuant to Mississippi Code Annotated section 1-3-67 (Rev. 2005). Here, the “day of the act” was September 20, 2018—the day the BTA mailed the order.”

Johnny Harpole v. Kemper Cnty. Democratic Exec. Comm. (Miss. 2003). · cites it 2× “Miss. Code Ann. § 1-3-67 clearly states that “[t]he last day of the period so computed shall be included unless it is a Saturday, a Sunday or a legal holiday.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.