Computation of time shall be governed by Florida Rule of General Practice and Judicial Administration 2.514, 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).
RULE 3.040. COMPUTATION OF TIME
- The master rule for calculating time is Florida Rule of General Practice and Judicial Administration 2.514.
- Generally, Rule 2.514 says for deadlines under 7 days, you do not count intermediate Saturdays, Sundays, or legal holidays.
- This rule carves out a critical exception: the time limits for First Appearance (3.130), Pretrial Detention (3.132), and Pretrial Release (3.133) MUST be calculated by counting every day, including weekends and holidays.
- This exception ensures that matters concerning a defendant's liberty are handled immediately without procedural delays.
Copied!
Back to Table of Contents
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.