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3.040. Computation of Time
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 or event from
which the designated period of time begins to run is
not to be included. The last day of the period so computed
shall be counted, unless it is a Saturday, Sunday,
or legal holiday, in which event the period shall run
until the end of the next day that is neither a Saturday,
Sunday, nor legal holiday. When the period of time
prescribed or allowed shall be less than 7 days, intermediate
Saturdays, Sundays, and legal holidays shall
be excluded in the computation,
except for the periods
of time of less than 7 days contained in rules 3.130,
3.132(a) and (c), and 3.133(a).
Committee Notes
1968 Adoption. Taken from the Florida Rules of Civil
Procedure.
1972 Amendment. Same as prior rule.
1988 Amendment. The 1983 amendments resulted in the reallocation
of the time periods in rule 3.131 to rule 3.133, and also
added an important 5‑day period in the new rule regarding pretrial
detention in rule 3.132.
Court Commentary
1975 Amendment. Underlined portion is the only change. The
effect is to remove the 72‑hour provision of proposed rule 3.131
from the Saturday, Sunday, and legal holiday exception.
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