§6.4 Comparison with Federal Rule

• Jurisdiction: Washington

§6.4COMPARISON WITH FEDERAL RULE

CR 6 and FED. R. CIV. P. 6 differ in many ways. CR 6 excludes intermediate Saturdays, Sundays, and legal holidays when the relevant time period is less than seven days. In contrast, the federal rule provides for the inclusion of these nonbusiness days, no matter the time period. FED. R. CIV. P. 6(a)(2) also defines how time is computed when the period is stated in hours.

The federal rule also defines the "last day" of a time period as midnight on the day for electronic filing or, if filing by other means, when the clerk's office is scheduled to close. "Next day" is determined by FED. R. CIV. P. 6(a)(6) by continuing to count forward when the period is measured after an event and backward when measured before an event. CR 6(a) has no such defining counterparts.

The legal holidays referred to in CR 6(a), listed in RCW 1.16.060, differ from federal legal holidays. Columbus Day is a federal, but not a state, holiday; the Friday after Thanksgiving is a state, but not a federal, holiday. Nevertheless, if Columbus Day and the Friday after Thanksgiving are declared a holiday by the state in which the district court is located, FED. R. CIV. P...