 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Dutton v. McKinley County Board of Commissioners11/15/1991
legal holiday." A.R.S., R. Civ. P., Rule 6(a). After noting the majority
of both federal and state decisions had interpreted Rule 6 to calculate the period of limitation to include the first business day after a weekend or holiday, the Arizona court confronted the inconsistency between its statute and the rule of procedure, concluding:
However, in none of the foregoing cases was there involved a statute similar to our A.R.S. 1-243 which states how time shall be computed. The question then is -- which governs, the statute or Rule 6(a) of the Rules of Civil Procedure? Art. 6, 5 of the Arizona Constitution gives exclusive power to the Supreme Court to make rules relative to all procedural matters in any court. A.R.S. 1-243 is a procedural statute and insofar as it purports to govern procedure in the courts has been superseded by Rule 6(a) of the Rules of Civil Procedure. The application of Rule 6(a) here does not result in the modification of the prescribed statutory period. It is merely a judicial interpretation of how an action is to be brought after the legislature has specified "what" actions may be brought.
Salzman, 567 P.2d at 1209.
The analysis in Salzman is persuasive and applicable to the present facts.
We hold that pursuant to SCRA 1986, 1-006, the complaint was timely filed. The summary judgment as to defendant Garcia is therefore reversed and the cause remanded for further proceedings consistent with this opinion. Each side shall bear its own costs on appeal.
IT IS SO ORDERED.
MINZNER and PICKARD, JJ., concur.
|