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Moore v. State of Georgia

Defendant's answer was timely filed 31 days after service since the 30th day fell on a Sunday.

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Keith Barry Moore appeals from a default judgment in a forfeiture action under OCGA § 16-16-2. The forfeiture petition was filed in the Douglas County Superior Court on April 5, 2001, and Moore was personally served the next day. Moore’s answer was file stamped by the trial court on Monday, May 7, 2001, 31 days after service. The State requested a default judgment, which the trial court granted. See OCGA § 9-11-55 a. Because the trial court erred in determining the answer was untimely filed, we reverse the default judgment.

1. Under OCGA § 1-3-1 d 3, “when a period of time measured in days . . . is prescribed for the exercise of any privilege or the discharge of any duty, . . . if the last day falls on Saturday or Sunday, the party having such privilege or duty shall have through the following Monday to exercise the privilege or to discharge the duty.” See also Jewell v. State, 200 Ga. App. 203, 204 2 407 SE2d 763 1991. OCGA § 9-11-6 a provides that, “in computing any period of time prescribed or allowed by this chapter, by the rules of any court, by order of court, or by an applicable statute, the computation rules prescribed in paragraph 3 of subsection d of Code Section 1-3-1 shall be used.”

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