November 4, 2012
Deadline extensions for legal proceedings due to Hurricane Sandy are being reported by several news outlets. Thomson Reuters News and Insight references orders from Judge Preska and Governor Cuomo. Here are a few research references/strategies for dealing with deadline issues related to recent events. Of course, we encourage you to call the Reference Attorneys for immediate assistance: 1800-REF-ATTY.
EXECUTIVE (and other) ORDERS
A few documents are starting to show up in our state executive orders collections. We recommend a simple search in the NS-EO database for sandy or disaster. Create an alert with the same settings if you do not see what you are looking for immediately.
Judge Preska’s orders can be found is on Westlaw at 2012 WL 5359631. Generally, these orders are found in the district court case law collections (or, DCT on Westlaw).
KeyRules documents are a great resource for timing and deadline rules. Generally, KeyRules documents include outlines of the applicable rules of practice, timing requirements, filing and service requirements, hearing information, checklists and other pertinent documents related to specific pleadings and motions in state courts.
Specifically, Sections B of these outlines cover timing and deadline issues. Typically, subsection e covers “Enlargement of Time.”
USING KATRINA (and other events) AS A RESEARCH MODEL
Try this search on WestlawNext to see how extension issues have been litigated in the past.
adv: hurricane and katrina /s continuance (exten! enlarg!/3 tim!)
This search in filings delivers interesting results:
adv: hurricane and ATLEAST5(katrina) and PR(continuance (enlarg! exten! /3 tim!))
Plaintiff’s assertion that problems have arisen because Plaintiff has suffered through two floodings, including Hurricane Katrina, does not constitute good cause for continuing the trial and extending various discovery deadlines …
Catherine S. KATSAR, Plaintiff, v. PIONEER HI-BRED INTERNATIONAL, INC.; Pioneer, a Dupont Company, Glenn Brooke; and David Austin, Individually and Personally, Defendants., 2006 WL 2387029 (S.D.Iowa)
A colleague of mine also tested this query with some success in case law:
(nature! /5 disaster emergency catastroph!) hurricane earth-quake flood! (act /3 god) (world-trade /2 center /4 attack! terror!) (court /5 clos! /p extraordinary exceptional) 9/11 katrina september-11 /p exclu! continu! (no not /5 inclu! count!) /p calculat! comput! /15 (time /7 fil!) day deadline time-line