Rules of Criminal Procedure – Comment Period Closed March 24, 2023

URCrP002. Time. Amend. The Rule is amended to adjust how time is computed following the adoption of Juneteenth as a state holiday.


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2 thoughts on “Rules of Criminal Procedure – Comment Period Closed March 24, 2023
  1. Stephen Howard

    What happens if the website goes down or gets hacked? Serious question – please read further.

    The internet is great for finding and posting information. It is a wonderful way to access appellate opinions, court dockets, statutes, admin codes, etc. But this revised Rule 2 incorporates by reference the substance of a specific webpage which is, by the very nature of the internet, subject to change.

    If the webpage is changed (either intentionally, by accident, or by hackers) then does the definition of “Legal Holiday” automatically change to conform to the new content of the webpage?

    Is this a delegation of the court’s rule-making authority to whatever webmaster or hacker controls the content of the website?

    Some filing deadlines are jurisdictional (e.g. notice of appeal). What happens in a dispute between parties as to whether a certain filing deadline was met or missed? Does the question shift from being a legal question, and instead become a question of disputed fact — specifically, what was the content of the webpage at the relevant time? And what is the “relevant time” for determining compliance with the filing deadline? Is the answer determined by the webpage content on the day on which the deadline passed? What if the website is down on the day that would otherwise have been the deadline?

    Are there no legal holidays, for purposes of Rule 2, if the website is down? Would a court have to look to the “intent” of the webmaster in determining whether a legal holiday exists if the website is down?

    The previous Rule 2 contained a list of specific holidays, but also included a catch-all provision that incorporated any new holiday designated by the governor or legislature as a state holiday. It is not immediately clear how the new amendment improves on the previous rule.

    The courts, legislature, executive, etc. normally make the laws and rules, and then use the internet to publish copies of or information about those laws and rules. This is the first time I have seen the substance of a legal rule actually be determined by the contents of a webpage in this way.

  2. Cindy S

    We have the option of e-file at our office. We usually take advantage of this option for motions that are filed far in advance of the date set for motion. This way, you can verify online if the motion was filed long before the court date. But for emergency issues, or issues where the deadline is important, we e-file AND drop with the court. The reality is that we are responsible enough to not wait until the last day to file, and I think most firms do the same. For anyone that waits until the last day to e-file, well, that’s on them if the system goes down. Realistically, other events (beside website going down) could happen which results in a missed statute of limitations, such as horrible traffic, or unexpected illness (heart attack, car accident, etc.). If the lawyer misses the SOL because he or she waited until the last day to file and the website goes down, that a risk they take, and this issue seems to be whether the website is a convenience, but not to be relied upon in important situations (and that could be stated in the website itself).