Wash. Rev. Code § 1.12.040

Computation of time

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The time within which an act is to be done, as herein provided, shall be computed by excluding the first day, and including the last, unless the last day is a holiday, Saturday, or Sunday, and then it is also excluded.
[ 1997 c 125 s 1; 1887 c 20 s 1; Code 1881 s 743; 1854 p 219 s 486; RRS s 150.]

Notes:

Rules of court: CR 6(a), RAP 18.6. Cf. RAP 18.22.
Reviser's note: This section has been enacted at various times as part of "An act to regulate the practice and proceedings in civil actions." However, Allen v. Morris, 87 Wash. 268, 274, 151 Pac. 827 (1915); State ex rel. Evans v. Superior Court, 168 Wash. 176, 179, 11 P. (2d) 229 (1932); State v. Levesque, 5 Wn. (2d) 631, 635, 106 P. (2d) 309 (1940); and State ex rel. Early v. Batchelor, 15 Wn. (2d) 149, 130 P. (2d) 72 (1942), treat this section as being of general application.
Notes of Decisions
Cited in 47 cases (2 in the last 5 years), 1958–2023 · leading case: Stikes Woods Neighborhood Ass'n v. City of Lacey
Stikes Woods Neighborhood Ass'n v. City of Lacey (1994) wash · cites it 16× “1 The Superior Court dismissed the applica *461 tion as untimely under RCW 1.12.040. 2 We reverse and reinstate Stikes Woods’ application for a writ of review.”
In re the Detention of W.C.C. (2016) washctapp · cites it 6× “3 ¶19 Instead, we turn to the general provisions regarding time computation: RCW 1.12.040 and CR 6(a). RCW 1.12.040 states, “The time within which an act is to be done, as herein provided, shall be computed by excluding the first day, and including the last, unless the last day…”
Christensen v. Ellsworth (2007) wash · cites it 2× “Additionally, RCW 1.12.040 by its terms does not apply because there is no "time within which an act is to be done.”
Troxell v. Rainier Public School District No. 307 (2005) wash · cites it 2× “RCW 1.12.040 (providing that “[t]he time within which an act is to be done .”
Troxell v. RAINIER PUBLIC SCHOOL DIST. 307 (2005) wash · cites it 2× “RCW 1.12.040 (providing that "[t]he time within which an act is to be done.”
Kovacs v. Department of Labor & Industries (2016) wash · cites it 5× “RCW 1.12.040; CR 6(a). We must decide whether the legislature intended to include the day of injury in calculating the time to file a worker’s compensation claim.”
In re the Detention of W.C.C. (2016) wash · cites it 4× “*267 ¶17 As to these general rules, time computation methods are addressed in both RCW 1.12.040 and CR 6(a). Here, the statute and the rule appear to conflict because at least the first continuance in question is timely only under CR 6(a), which excludes weekends and holidays…”
Christensen v. Ellsworth (2007) wash “Additionally, RCW 1.12.040 by its terms does not apply because there is no “time within which an act is to be done.”
Den Beste v. Pollution Control Hearings Board (1996) washctapp · cites it 8× “RCW 1.12.040 reads as follows: The time within which an act is to be done, as herein provided, shall be computed by excluding the first day, and including the last, unless the last day is a holiday or Sunday, and then it is also excluded.”
Donohoe v. Shearer (1958) wash · cites it 6× “RCW 1.12.040 provides: “The time within which an act is to be done, as herein provided, shall be computed by excluding the first day, and including the last, unless the last day is a holiday or Sunday, and then it is also excluded.”
John Bogen, V. City Of Bremerton (2021) washctapp · cites it 14× “550(6) the one-year statute of limitations on his PRA claims began to run on the day of the City’s final action rather than on the day after the City’s final action as required under RCW 1.12.040. The plain language of RCW 42.”
Sievers v. City of Mountlake Terrace (1999) washctapp · cites it 2× “8 In addition, the Legislature, in 1997, amended RCW 1.12.040 (computation of time) adding Saturdays to the already excluded Sundays and holidays for the computation of time when the last day of the period falls on such a day.”
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