If a judge puts the court in recess for 60 days to make a decision, is it calendar days orworking days?

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If a judge puts the court in recess for 60 days to make a decision, is it calendar days orworking days?

A judge put the court in recess to make a decision pertaining to a witness’s interview being disclosed to a third party by the prosecutor.

Asked on September 21, 2011 under Criminal Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Typically, when a case is adjourned or recessed, the time period is given in calendar days, though if the new date falls on a date when the court is not in session (e.g. a weekend; a national holiday), it will usually be pushed off until the next court date.

However, judge's have a great deal of discretion, especially in procedural, scheduling, and calendar actions. There is no way to be 100% sure what this judge meant without asking him or her. You should call the judge's chambers and speak with His or Her Honor's law clerk or secretary; one or the other will be able to answer your question and tell you the exact return date from the recess. Good luck.


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