MS – Orly v Democrat Party – Sloppy…

Orly is trying to explain why she missed the filing date by 1 day (sic). MS 23-15-961 and MS 23-15-963

If Taitz’s petition was filed with the Executive Committee on some date between January 8 and January 24, her fifteen day deadline to file her appeal with this Court expired at the earliest on January 23 and at the latest on February 8. Taitz did not file her petition with this Court until February 14. Her petition to this Court is time barred and must be dismissed. See Gourlay 874 So.2d at 988.

Where did Orly get the ‘one day’ late idea from? And why did her ‘paralegal’ cross out an earlier date and replaced it with a date which would already have placed the filing outside the time limit… If there were any questions about the filing date, would one not expect them to be made before the date passes?…

The Rules of Civil Procedure in MS are clear

(a) Computation. In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, 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, as defined by statute, or any other day when the ourthouse 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 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. In the event any legal holiday falls on a Sunday, the next following day shall be a legal holiday.

About these ads